Graham v. Merchant
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. This is an action by It. A. Graham against C. H. Merchant to recover money paid by plaintiff on a contract which he seeks to rescind in consequence of the defendant’s alleged abandonment thereof.
Read the full summary
From Coos: James W. Hamilton, Judge. This is an action by It. A. Graham against C. H. Merchant to recover money paid by plaintiff on a contract which he seeks to rescind in consequence of the defendant’s alleged abandonment thereof. It is averred in the complaint, in substance, that on March 21,1895, a contract was entered into whereby the defendant stipulated to sell and convey to the plaintiff 720 acres of land in Coos County for $40,000, of which $5,000 was then advanced, $3,000 to be paid July 15th of that year, and $8,000 on March 15th each year for four years thereafter, ending Mai’ch…
1Opinion of the Court
Mr. Chibe Justice Moore,
after stating the facts in the foregoing terms, delivered the opinion.
1. It is contended by defendant’s counsel that the parol agreement was the only fact alleged as an excuse to prevent a forfeiture of plaintiff’s rights under the contract, and, this averment having been denied, the court erred in not instructing the jury, when so requested, that the burden was cast upon the plaintiff to prove by a preponderance of the evidence that such agreement had been entered into, and that, unless they so found, their verdict should be for the defendant. The defendant having…
2Cases cited37 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Frink v. ThomasOregon Supreme Court · 1891
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Seton v. HoytOregon Supreme Court · 1899
- Monson v. BragdonIllinois Supreme Court · 1895
32 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Hall v. WorkOregon Supreme Court · 1960
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Employers' Fire Insurance v. Love It Ice Cream Co.Court of Appeals of Oregon · 1983
- Gray v. PeltonOregon Supreme Court · 1913
44 more not listed; retrieve them via the Exa API.