Legal Opinion

Barrett v. Schleich

Oregon Supreme Court

Decided November 19, 1900PublishedCited by 20 opinions

From Washington : Thos. A. McBride, Judge. This is a suit by Mary Ann Barrett against John Schleich and others to enforce the specific performance of a parol agreement to conyey real property.

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From Washington : Thos. A. McBride, Judge. This is a suit by Mary Ann Barrett against John Schleich and others to enforce the specific performance of a parol agreement to conyey real property. It is substantially alleged in the complaint that Peter Barrett is plaintiff’s husband; that the defendants John and Johanna Schleieh are husband and wife, and the parents of the defendants Edward J. and Catherine Schleich, and that plaintiff is a daughter of 'Johanna and a stepdaughter of John Schleich; that on April 10, 1893, said John Schleich, being the owner and in possession of a farm in…

1Opinion of the Court

Mr. Justice Moore;

after stating the facts, delivered the opinion of the court.

1. It is insisted by defendant’s counsel that the court erred in admitting, over their objection and exception, testimony tending to prove the alleged parol contract, before any evidence was offered of the part performance thereof relied upon by the plaintiff to take the case out of the statute of frauds. The point contended for is maintained by Mr. Pomeroy in his valuable work on Contracts (section 107), where, in commenting upon the manner of proving the acts of part performance and the terms of the oral agreement…

2Cases cited5 opinions

  1. Cooper v. ThomasonOregon Supreme Court · 1896
  2. Brown v. LordOregon Supreme Court · 1879
  3. Wagonblast v. WhitneyOregon Supreme Court · 1885
  4. Whiteaker v. VanschoiackOregon Supreme Court · 1873
  5. Odell v. MorinOregon Supreme Court · 1873

3Cited by20 opinions

  1. Walker v. MACKEYOregon Supreme Court · 1952
  2. Deitz v. StephensonOregon Supreme Court · 1908
  3. Goff v. KelseyOregon Supreme Court · 1915
  4. Dunis v. DirectorOregon Supreme Court · 1927
  5. Mathews v. TobiasOregon Supreme Court · 1921

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