Southern Pacific Co. v. Erickson
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. Department 1. This is a suit to enforce a specific contract to convey real estate.
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From Tillamook: George E. Bagley, Judge. Department 1. This is a suit to enforce a specific contract to convey real estate. The plaintiff declares on a bond executed by defendant on October 23, 1906, wherein it is recited that whereas the Pacific Eailway and Navigation Company desires to construct a line of railway from Buxton in Washington County to Tillamook in Tillamook County and whereas the line as surveyed and located passes through the lands of Paul Erickson (which lands are later described in the bond), therefore in consideration of the construction of such road and the sum of one…
1Opinion of the CourtMoBB-IDE, J.
1. We cannot consider the alleged oral promises made by the plaintiff at the time or before the time the bond was executed. To do so would be to vary a contract complete on its face by introducing conditions which it did not contain when executed. This is especially the case where there is no charge of fraud or mutual mistake in leaving out certain conditions, and no attempt to have the instrument reformed in accordance with what is now claimed to have been the actual agreement of the parties.
2. The complaint alleges that plaintiff' and its predecessor in interest “have fully and completely…
2Cited by2 opinions
- Hoff v. Peninsula Drainage District No. 2Oregon Supreme Court · 1943
- State v. DrakeOregon Supreme Court · 1928