Sprague v. Schotte
Oregon Supreme Court
From Union: Robert Eakin, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by A. P. Sprague against A. C. Schotte and another to enforce the specific performance of the following-written instrument: “Elgin, Oregon, Eeb. 6th, 1905. This Agreement entered into this sixth day of Eebruarjq 1905, between A, C. Schotte and A. P. Sprague, both of Elgin, Ore., whereby Á. C. Schotte agrees to sell, deliver and transfer by good and sufficient warrantee deed to- said A. P.…
Read the full summary
From Union: Robert Eakin, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by A. P. Sprague against A. C. Schotte and another to enforce the specific performance of the following-written instrument: “Elgin, Oregon, Eeb. 6th, 1905. This Agreement entered into this sixth day of Eebruarjq 1905, between A, C. Schotte and A. P. Sprague, both of Elgin, Ore., whereby Á. C. Schotte agrees to sell, deliver and transfer by good and sufficient warrantee deed to- said A. P. Sprague his homestead on the Wallowa River; legal description is as follows: W. 4 of N. ¿ S. E. 4 of N. W. 4, N.' E. 4 of…
1Opinion of the CourtChief Justice Bean
The demurrer was properly sustained. The instrument sued on is not a contract. There is no mutuality, and it is not sup*611ported by any consideration. It is merely a written offer by the defendant Schotte to sell the land therein described to the plaintiff at any time within the period stated, and was subject to revocation prior to acceptance: Bishop, Contracts, § 325; Wharton, Contracts, § 10; Gordon v. Darnell, 5 Colo. 302; Dickinson v. Dodds, L. R. 2 Ch. Div. 463; Litz v. Goosling (Ky.) 21 L. R. A. 127, note. It was capable of being converted into a valid contract by the tender of the…
2Cases cited4 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Ross v. ParksSupreme Court of Alabama · 1890
- Gordon v. DarnellSupreme Court of Colorado · 1880
3Cited by11 opinions
- Strong v. MooreOregon Supreme Court · 1922
- Killam v. TenneyOregon Supreme Court · 1961
- William Weisman Realty Co. v. CohenSupreme Court of Minnesota · 1923
- ASPINWALL v. RyanOregon Supreme Court · 1951
- Fitzstephens v. WATSONOregon Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.