Imbrie v. Hartrampf
Oregon Supreme Court
From Washington: George R„ Bagley, Judge. Department 2. The purpose of this suit is to enforce specific performance of a contract under which the plaintiff agreed to sell, and the defendant agreed to purchase, 166 acres of land situated in Washington County, Oregon.
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From Washington: George R„ Bagley, Judge. Department 2. The purpose of this suit is to enforce specific performance of a contract under which the plaintiff agreed to sell, and the defendant agreed to purchase, 166 acres of land situated in Washington County, Oregon. The contract expressly provides that in the event the plaintiff is unable to convey a marketable title in fee simple to the premises, free from all encumbrances, then the defendant is relieved from making payment for the land. The defendant has refused to perform the contract and to make payment of the purchase price of the land,…
1Opinion of the CourtBean, J.
This controversy arises out of the construction of paragraphs 7 and 12 of the will, and as to the estate or interest in the real property thereby devised to the plaintiff. It is the contention of the defendant that the provisions of the paragraphs of the will referred to vested in plaintiff only a life estate with the remainder over to his children or grandchildren living at the time of his death; and in case he died “without leaving lineal descendants, children or grandchildren, ’ ’ then in such case only does title to the property pass to the brothers and sisters.
1. It is a cardinal…
Also in this document: Concurrence.
2Cases cited13 opinions
- Washbon v. . CopeNew York Court of Appeals · 1895
- Meacham v. GrahamTennessee Supreme Court · 1897
- Britton v. ThorntonSupreme Court of the United States · 1884
- Tarbell v. SmithSupreme Court of Iowa · 1904
- Beakey v. KnutsonOregon Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Closset v. BurtchaellOregon Supreme Court · 1924
- Stubbs v. AbelOregon Supreme Court · 1925
- Lytle v. HulenOregon Supreme Court · 1928
- Schomp v. BrownOregon Supreme Court · 1959
- Heimbigner v. U. S. National BankOregon Supreme Court · 1951
11 more not listed; retrieve them via the Exa API.