Scott v. Merrill's Estate
Oregon Supreme Court
From Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Bean. These two actions grew out of claims by Charles N. Scott and Emma M. Brown against the estate of Sarah A. Merrill, deceased, and the appeals were taken by claimants from judgments of the Circuit Court disallowing two separate claims against the estate of Sarah A. Merrill, deceased.
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From Multnomah: Thomas J. Cleeton, Judge. Department 2. Statement by Mr. Justice Bean. These two actions grew out of claims by Charles N. Scott and Emma M. Brown against the estate of Sarah A. Merrill, deceased, and the appeals were taken by claimants from judgments of the Circuit Court disallowing two separate claims against the estate of Sarah A. Merrill, deceased. Both demands grew out of the following transaction: In May, 1909, Emma M. Brown paid to Sarah A. Merrill, now deceased, $1,000 as earnest-money on the purchase price of two lots in block 209, in the City of Portland. In the…
1Opinion of the CourtJustice Bean
1. It appears that Scott and his associates interested Mrs. Brown in the Merrill property, and, at the time the earnest-money was paid, a receipt therefor was given in which the realty was described. It was also stated therein, in effect, that the money was received as earnest of her intention to purchase the land in question from Sarah A. Merrill at the agreed price of $56,000, the balance to be paid, $24,000, by July 1, 1909, and the remainder in two years. It was agreed that in case of failure of title or for any other cause, the land was not conveyed free of encumbrances to *570E. M. Brown by…
2Cases cited5 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Dwyer v. RabornWashington Supreme Court · 1893
- Stewart v. WillOregon Supreme Court · 1913
- Heimberger v. RuddSouth Dakota Supreme Court · 1912
- Darr v. MummertNebraska Supreme Court · 1899
3Cited by17 opinions
- Branch v. LambertOregon Supreme Court · 1922
- Killam v. TenneyOregon Supreme Court · 1961
- Franklin v. NorthrupOregon Supreme Court · 1923
- Holland v. BradleyOregon Supreme Court · 1932
- Bonnett v. KeifferOregon Supreme Court · 1925
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