Alaska Plumbing Co. v. Bingham
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by the Alaska Plumbing Company, a corporation, against Willie E. Bingham, Ralph R. Cone and Joseph Brouillat. The facts are as follows: On August 15, 1908, Ralph R. Cone entered into an executory contract with defendant Mrs. Willie E. Bingham for the purchase of a house and two lots in Brainard, Multnomah County.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is a suit by the Alaska Plumbing Company, a corporation, against Willie E. Bingham, Ralph R. Cone and Joseph Brouillat. The facts are as follows: On August 15, 1908, Ralph R. Cone entered into an executory contract with defendant Mrs. Willie E. Bingham for the purchase of a house and two lots in Brainard, Multnomah County. The purchase price was $1,800, of which Cone paid down the sum of $20, giving his promissory note for $1,780, payable in monthly installments of $20, with 6 per cent interest per annum. The…
1Opinion of the CourtJustice McBride
1. We are satisfied from the evidence that neither appellant nor any one authorized to act for her had any knowledge that the water system constructed by plaintiff was being placed in the building until long after it had been installed, and the authorities are clear that a vendee of real property under a contract of sale of the character of the one at bar cannot incumber it without the consent of the actual owner. Belnap v. Condon, 34 Utah, 213 (97 Pac. 111: 23 L. R. A. [N. S.] 601); Rossi v. MacKellar (Com. Pl.), 13 N. Y. Supp. 827.
2. The next question for consideration is whether at the…
2Cases cited7 opinions
- King v. SmithSupreme Court of Minnesota · 1890
- Belnap v. CondonUtah Supreme Court · 1908
- Kerrick v. RugglesWisconsin Supreme Court · 1890
- Adams v. RussellIllinois Supreme Court · 1877
- Boyd v. BlakeSupreme Court of Minnesota · 1889
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3Cited by2 opinions
- Gabriel Powder & Supply Co. v. ThompsonOregon Supreme Court · 1939
- Williams v. SharpeOregon Supreme Court · 1928