Schoellhamer v. Rometsch
Oregon Supreme Court
Appeal from Multnomah.: Hartwell Hurley, Judge. This is an action to recover five hundred and fifty dollars advanced by plaintiff Katie Schoellhamer to the defendant John Rometsch on a contract for the purchase of certain land, which it is alleged she was induced to enter into by coercion and fraudulent representations. The complaint, in substance, is that plaintiff, who is a native of Germany, and understands but little of the English.
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Appeal from Multnomah.: Hartwell Hurley, Judge. This is an action to recover five hundred and fifty dollars advanced by plaintiff Katie Schoellhamer to the defendant John Rometsch on a contract for the purchase of certain land, which it is alleged she was induced to enter into by coercion and fraudulent representations. The complaint, in substance, is that plaintiff, who is a native of Germany, and understands but little of the English. Ianguage, arrived in Portland with her three children on the fifth of May, eighteen hundred and ninety-three, and took a room at a lodging house kept by the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It is contended by the defendant that the complaint is insufficient to charge fraud because it does not aver in direct terms that the alleged fraudulent representations were made by defendant with an intent to deceive the plaintiff. To support this contention, reliance is had upon the case of Rolfes v. Russell, 5 Or. 400. This was an action for deceit to recover damages for false representations as to the character, quality, and boundaries of a certain tract of land sold by the defendant to the plaintiff. The complaint did not allege that defendant knew the…
2Cases cited3 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Rolfes v. RusselOregon Supreme Court · 1875
- Parmentier v. PaterOregon Supreme Court · 1885
3Cited by13 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
- Capps v. Georgia Pacific CorporationOregon Supreme Court · 1969
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
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