Reynolds v. Scriber
Oregon Supreme Court
From Union: Rorert Eakin, Judge. This is a suit by J. E. Reynolds against J. W. Scriber to enforce the specific performance of a contract for the purchase of personal property. On March 10, 1900, these parties were stockholders in the Union County Alliance Flouring Mill Co., a corporation with a capital stock of $25,000, divided into 2,500 shares, of the par value of $10 each.
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From Union: Rorert Eakin, Judge. This is a suit by J. E. Reynolds against J. W. Scriber to enforce the specific performance of a contract for the purchase of personal property. On March 10, 1900, these parties were stockholders in the Union County Alliance Flouring Mill Co., a corporation with a capital stock of $25,000, divided into 2,500 shares, of the par value of $10 each. The plaintiff owned 1,218 shares acquired by subscription, and claimed to own 70 shares of treasury stock, and was president and business manager of the corporation, at a salary of $100 a month. The defendant was the…
1Opinion of the CourtChief Justice Bean
1. There is some controversy in the testimony, and it is somewhat doubtful whether the contract is so clearly and unmistakably proven as to enable a court of equity to enforce its specific perfomance; but, waiving that point, we are of the opinion that it is void under the statute of frauds, and cannot be enforced for that reason. The contract rests entirely in parol, but it is sought to take it out of the statute on the ground of part performance. It is a familiar rule that where a parol agreement has been so far executed by one party, with the assent and acquiescence of the other, that it…
2Cited by9 opinions
- Hewson v. Peterman Manufacturing Co.Washington Supreme Court · 1913
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Cassidy v. Kraft-Phenix Cheese Corp.Michigan Supreme Court · 1938
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Brown v. SheedyOregon Supreme Court · 1918
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