Frink v. Thomas
Oregon Supreme Court
Polk county: It. P. Boise, Judge. Plaintiff appeals. This is a suit in equity to cancel a contract for the sale of land by plaintiff to defendant. For the purpose of this case, it is sufficient to state that the complaint alleges that on the 13th day of February, 1880, the plaintiff and defendant entered into a contract for the sale of certain real estate therein described and containing 360 acres.
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Polk county: It. P. Boise, Judge. Plaintiff appeals. This is a suit in equity to cancel a contract for the sale of land by plaintiff to defendant. For the purpose of this case, it is sufficient to state that the complaint alleges that on the 13th day of February, 1880, the plaintiff and defendant entered into a contract for the sale of certain real estate therein described and containing 360 acres. By the terms of said agreement defendant was to pay the plaintiff the sum of $1,600 for said land, in accordance with the tenor of seven certain promissory notes of that date therein set ■ out, the…
1Opinion of the CourtBean, J.
— The grounds upon which it is sought to cancel the contract-in this case are (1) the failure of the defendant to pay the purchase price at the time provided in the contract, and (2) the conduct of defendant in attempting to secure a title from the United States for the 160 acres of land in his own name and in fraud of the rights of plaintiff. The first ground proceeds upon the theory that time is of the essence of the contract, and that when defendant failed or neglected to make the payments as he agreed to do, plaintiff was entitled to rescind the contract. Time is of course an…
2Cases cited8 opinions
- Galloway v. FinleySupreme Court of the United States · 1838
- Brock v. HidyOhio Supreme Court · 1862
- Knott v. James B.Oregon Supreme Court · 1874
- Murphy v. LockwoodIllinois Supreme Court · 1859
- Johnson v. JacksonMississippi Supreme Court · 1854
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3Cited by59 opinions
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- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Pierce v. StaubSupreme Court of Connecticut · 1906
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