Smith v. Martin
Oregon Supreme Court
From, Multnomah: Calvin U. Gantenbein, Judge. Department 1. Claiming to be the owner and entitled to the possession thereof, the plaintiff instituted an action in ejectment against the defendant Martin to recover from him the possession of a certain' lot described in the complaint. The Peninsula Security Company was substituted for and,defended in place of Martin.
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From, Multnomah: Calvin U. Gantenbein, Judge. Department 1. Claiming to be the owner and entitled to the possession thereof, the plaintiff instituted an action in ejectment against the defendant Martin to recover from him the possession of a certain' lot described in the complaint. The Peninsula Security Company was substituted for and,defended in place of Martin. Without denying the complaint in any respect, the company alleged, and it is admitted by the pleadings on behalf of the plaintiff, that the latter and his wife had contracted as parties of the first part to sell the property to G.…
1Opinion of the CourtBurnett, J.
1. A contract may be defined to be an agreement between two or more parties competent to contract, upon a sufficient consideration, to do or not to do a particular thing which lawfully may be done or omitted. Hence the parties could provide that the contract should not be assigned without the written consent of one of them. There was nothing unlawful or contrary to public policy in such a stipulation and under proper conditions the same may be enforced. There are instances where the personal qualities of one of the parties form an element of the agreement, as where the personal services of a…
2Cases cited19 opinions
- Burck v. TaylorSupreme Court of the United States · 1894
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- Mitchell v. HughesOregon Supreme Court · 1916
- City of Omaha v. Standard Oil Co.Nebraska Supreme Court · 1898
- Moore v. HallidayOregon Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Bennett v. Farmers Insurance Co.Oregon Supreme Court · 2001
- Livingston v. METROPOLITAN PEDIATRICS, LLCCourt of Appeals of Oregon · 2010
- Cross v. CampbellOregon Supreme Court · 1944
- Widing v. JENSEN, REAL ESTATE COMMISSIONEROregon Supreme Court · 1962
18 more not listed; retrieve them via the Exa API.