Slattery v. Gross
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 2. TEis four cornered and very complicated suit arose over a real estate transaction in tEe City of Eugene. By tEis transaction one Matlock and tEe defendants, Gross and McCallum, contracted to purcEase from tEe defendants, Nancy J. SEelley and J. M. SEelley, a certain lot in said city for tEe sum of $10,750. Of tEis sum $3,500 was paid down, tEe. tEree purcEasers eacE contributing one third of tEe payment.
Read the full summary
From Lane: George F. Skipworth, Judge. Department 2. TEis four cornered and very complicated suit arose over a real estate transaction in tEe City of Eugene. By tEis transaction one Matlock and tEe defendants, Gross and McCallum, contracted to purcEase from tEe defendants, Nancy J. SEelley and J. M. SEelley, a certain lot in said city for tEe sum of $10,750. Of tEis sum $3,500 was paid down, tEe. tEree purcEasers eacE contributing one third of tEe payment. Afterwards several payments of interest were made, wEicE were also contributed upon the basis of eacE paying tEe interest on tEe amount…
1Opinion of the CourtBennett, J.
1. We think the court below erred in dismissing plaintiff’s bill in equity, upon the ground that she had adequate relief at law. The contract between Matlock and the defendants, Gross *558and McCallum, was for the purchase of a certain specific tract of real property. We think the fair presumption is, in the absence of evidence to the contrary, that where three parties agree to purchase real property at a given price, each one is to take an undivided one third in the real property and each is to pay one third of the price. That natural inference is strengthened in this case by the conduct of the…
2Cases cited1 opinion
- Davis v. First Nat. BankOregon Supreme Court · 1916
3Cited by11 opinions
- Renard v. AllenOregon Supreme Court · 1964
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Denning v. BaileyOregon Supreme Court · 1924
- Save-Way Drug, Inc. v. Standard Investment Co.Court of Appeals of Washington · 1971
- Chatterton v. LukerIdaho Supreme Court · 1945
6 more not listed; retrieve them via the Exa API.