Massey v. Becker
Oregon Supreme Court
From Multnomah: Harry H. Belt, 'Judge. Department 2. This is an appeal by the defendant from a judgment of the Circuit Court in favor of plaintiff. The cause was tried by the court without the intervention of a jury. The complaint alleges in substance that on and between the eighteenth day of March and the twenty-sixth day of May, 1915, the defendant had and received from the plaintiff to his use and benefit the sum of $168, and- alleges a demand and failure to pay.
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From Multnomah: Harry H. Belt, 'Judge. Department 2. This is an appeal by the defendant from a judgment of the Circuit Court in favor of plaintiff. The cause was tried by the court without the intervention of a jury. The complaint alleges in substance that on and between the eighteenth day of March and the twenty-sixth day of May, 1915, the defendant had and received from the plaintiff to his use and benefit the sum of $168, and- alleges a demand and failure to pay. The answer admits the complaint in part and denies a part thereof, and affirmatively alleges that about the eighteenth day of…
1Opinion of the CourtBean, J.
1. It is also contended on behalf of defendant that the reply is a departure from the com*464plaint and therefore the defendant’s motion for judgment should have been allowed. The matter as presented practically involves but one question,, whether or not the plaintiff is entitled to recover upon the facts as alleged by him and as found by the trial court. It is a well-settled rule of law that when a vendor abandons his contract to sell, the vendee in his choice of remedies may elect to rescind the contract and maintain an action at law to recover what he has paid thereon, as money had and…
2Cases cited5 opinions
- Graham v. MerchantOregon Supreme Court · 1903
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Mayes v. StephensOregon Supreme Court · 1901
- Woodard v. Willamette Val. Irr. Land Co.Oregon Supreme Court · 1918
- Crown Cycle Co. v. BrownOregon Supreme Court · 1901
3Cited by16 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Mohr v. LearOregon Supreme Court · 1964
- Paine v. Meier & Frank Co.Oregon Supreme Court · 1933
- Johnson v. FeskensOregon Supreme Court · 1934
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
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