McCrea v. Hinkson
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is a suit by J. E. McCrea against A. H. Hinkson and Jesse J. Nicolle to rescind an option contract.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Bean. This is a suit by J. E. McCrea against A. H. Hinkson and Jesse J. Nicolle to rescind an option contract. Defendants appeal from a judgment in favor of plaintiff. ' The facts appearing from the record are as follows: On August 4, 1909, defendants executed to plaintiff a written contract, whereby, in consideration of the sum of $200 paid by J. E. McCrea, they agreed to sell bim the selections covering the northwest quarter and the west half of the northeast quarter of section 5, and the east half of northwest quarter and north…
1Opinion of the CourtJustice Bean
The contention of the defendants is that at the time the option was given and the payments were made the land had been actually surveyed and the lines marked, and plaintiff by the exercise of reasonable diligence could have ascertained the area; that plaintiff and defendants were familiar with the method of securing surveyed and unsurveyed land with scrip, and were aware that sections 4 and 5 would either be in excess of 640 acres to each section, or that there would be a deficiency in the area; that plaintiff purchased at his hazard as to quantity. The contract of the Northern Pacific…
2Cases cited9 opinions
- O'Connell v. DukeTexas Supreme Court · 1867
- Kares v. CovellMassachusetts Supreme Judicial Court · 1902
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Bigham v. MadisonTennessee Supreme Court · 1899
- Copeland v. TweedleOregon Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jeffreys v. WeeklyOregon Supreme Court · 1916
- Metropolitan Life Insurance v. KimballOregon Supreme Court · 1939
- Jackman v. Northwestern Trust Co.Oregon Supreme Court · 1918