Wollenberg v. Rose
Oregon Supreme Court
From Douglas: Jambs W. Hamilton, Judge. Suit by H. Wollenberg, as administrator of the partnership estate of S. Marks & Co., against J. F. Rose to compel specific performance of a contract to buy certain land. On a former appeal it was decreed that plaintiff was under obligation to give to defendant a good and sufficient deed such as will convey the legal title: 41 Or. 314, 318 (68 Pac. 804). Plaintiff then tendered a title, which was refused.
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From Douglas: Jambs W. Hamilton, Judge. Suit by H. Wollenberg, as administrator of the partnership estate of S. Marks & Co., against J. F. Rose to compel specific performance of a contract to buy certain land. On a former appeal it was decreed that plaintiff was under obligation to give to defendant a good and sufficient deed such as will convey the legal title: 41 Or. 314, 318 (68 Pac. 804). Plaintiff then tendered a title, which was refused. From a decree for plaintiff this appeal is taken. I. A “good and sufficient title” cannot be passed to a decedent’s real property by those who are not…
1Opinion of the CourtJustice Wolverton
On October 1, 1892, S. Marks and A. Marks were doing business under the firm name of S. Marks & Oo., at which time they entered into a verbal contract with the defendant Rose to convey to him certain real property for the consideration of $1,500, see this case on former appeal, 41 Or. 314 (68 Pac. 804). Rose paid part of the purchase price, and, failing to pay the balance, the plaintiff, by way of cross-bill to an action by defendant to recover from plaintiff the amount of the purchase money paid, seeks to recover from defendant such balance, and in order to do that, it was necessary to show…
2Cases cited12 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Irving v. . CampbellNew York Court of Appeals · 1890
- Gill v. WellsCourt of Appeals of Maryland · 1883
- Turner v. McDonaldCalifornia Supreme Court · 1888
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3Cited by9 opinions
- Slattery v. MaykutSupreme Court of Connecticut · 1978
- Bethurem v. HammettWyoming Supreme Court · 1987
- Denning v. BaileyOregon Supreme Court · 1924
- Jennings v. New York Petroleum Royalty Corp.Supreme Court of Oklahoma · 1934
- Fargo v. WadeOregon Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.