Anderson v. Hurlbert
Oregon Supreme Court
From Multnomah: J. P. Kavanaugh, Judge. Department 1. Plaintiff instituted an action to recover the sum of $5,897.76 with interest as a repayment of money upon a contract of sale of certain real estate. The defendants answered and set up an equitable defense under Section 390, Or. L. The cause was tried as an equity suit and a decree rendered in favor of defendants foreclosing the contract of purchase and sale. From this decree plaintiff appeals.
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From Multnomah: J. P. Kavanaugh, Judge. Department 1. Plaintiff instituted an action to recover the sum of $5,897.76 with interest as a repayment of money upon a contract of sale of certain real estate. The defendants answered and set up an equitable defense under Section 390, Or. L. The cause was tried as an equity suit and a decree rendered in favor of defendants foreclosing the contract of purchase and sale. From this decree plaintiff appeals. The facts shown by the record are substantially as follows: On December 30, 1911, plaintiff, G-race B. Anderson as purchaser, entered into a…
1Opinion of the CourtBean, J.
1. As a preliminary question defendants renewed their motion to dismiss this appeal for the reason that they assert that the decree of the trial court was not final on account of the provision for the plaintiff to have sixty days within which to pay the balance due on the contract and after such payment is made the defendants should deliver to plaintiff a deed of the premises.
*291The answer of defendants was filed under Section 390, Or. L., for the purpose of obtaining equitable relief arising' out of the facts in the case and requiring the interposition of a court of equity and is material to…
2Cases cited12 opinions
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Mitchell v. HughesOregon Supreme Court · 1916
- Cornely v. CampbellOregon Supreme Court · 1920
- Ward v. JamesOregon Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Blondell v. BeamOregon Supreme Court · 1966
- David M. Scott Construction Corp. v. FarrellOregon Supreme Court · 1979
- Johnson v. FeskensOregon Supreme Court · 1934
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
- Holland v. BradleyOregon Supreme Court · 1932
12 more not listed; retrieve them via the Exa API.