Odd Fellows' Ass'n v. Hegele
Oregon Supreme Court
Multnomah County: Loyal B. Stearns, Judge. Suit by the Odd Fellows’ Hall Association of Portland, Oregon, against Charles Hegele, to rescind and cancel a party-wall agreement. From a decree for defendant, plaintiff appeals.
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Multnomah County: Loyal B. Stearns, Judge. Suit by the Odd Fellows’ Hall Association of Portland, Oregon, against Charles Hegele, to rescind and cancel a party-wall agreement. From a decree for defendant, plaintiff appeals. This is a suit for the rescission and cancellation of a party-wall agreement, in writing, entered into by the plaintiff and the grantors of the defendant on the fifteenth day of May, 1876. The plaintiff is a private corporation, incorporated under the laws of this state, and, among other things, is authorized and empowered to buy real estate, and erect buildings thereon…
1Opinion of the CourtChief Justice Loed
The complaint contains an allegation to which no reference is made in the statement of facts, to the effect that the original agreement between the plaintiff and Vaughn was subsequently modified by a verbal agreement; but there is no evidence disclosed by the record to sustain such allegation, nor to show, if there was, that either Alisky or the defendant Hegele, the grantees of Vaughn, bad notice of any modification of such agreement, so that we are not required to consider the effect of that allegation as a feature of the case.
1. The facts, as stated, show that the original agreement…
2Cases cited6 opinions
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Pneumatic Gas Co. v. BerrySupreme Court of the United States · 1885
- Glenn v. DavisCourt of Appeals of Maryland · 1872
- Hoffman v. KuhnMississippi Supreme Court · 1880
- Rohrbacher v. Mayor of JacksonMississippi Supreme Court · 1875
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3Cited by11 opinions
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- G. F. Heublein, Inc. v. Second National BankSupreme Court of Connecticut · 1932
- Fewell v. KinsellaCourt of Appeals of Texas · 1912
- Hevel v. StangierOregon Supreme Court · 1964
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