Burggraf v. Brocha
Oregon Supreme Court
From Multnomah: George N, Davis, Judge. Department 1. Statement by Mr. Justice Eakin. This is an action by John Burggraf against Molly Brocha and G. F. Brocha, to recover the value of land traded to defendants for property in Michigan to which defendants had no title. Plaintiff and defendants entered into an agreement for the exchange of lands.
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From Multnomah: George N, Davis, Judge. Department 1. Statement by Mr. Justice Eakin. This is an action by John Burggraf against Molly Brocha and G. F. Brocha, to recover the value of land traded to defendants for property in Michigan to which defendants had no title. Plaintiff and defendants entered into an agreement for the exchange of lands. Plaintiff conveyed to defendants lot 1, in block 24, Tinker’s Second Addition to Long Beach, and lots 3 and 4, in block 5, Tinker’s North Addition to Long Beach, Washington, in exchange for the southeast quarter of section 12, township 18 north, range…
1Opinion of the CourtJustice Eakin
1. The first assignment of error is as to the receiving in evidence of Plaintiff’s Exhibit 2, an abstract. Plaintiff testified as to the signing of the agreement, which provides, among other things:
“The party of the second part [G. F. Brocha], in consideration of the premises, agrees to exchange to the said party of the first part [Burggraf] the following described property for the above-described property as follows: The southeast quarter of section 12, township 18 north, of range- 5 west, situated in Clare County, state of Michigan — to be free of encumbrance except as to taxes of 1912,…
2Cases cited2 opinions
- Tieman v. SachsOregon Supreme Court · 1908
- Jaeger v. HarrOregon Supreme Court · 1912
3Cited by4 opinions
- Briscoe v. PittmanOregon Supreme Court · 1974
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Briscoe v. PittmanOregon Supreme Court · 1974