Wright v. Astoria Co.
Oregon Supreme Court
From Linn: Reuben P. Boise, Judge. Suit by the Wright-Blodgett Company, Limited, a partnership association of Michigan, against the Astoria Company, a private corporation of New Jersey, to remove a cloud from the title to real estate. Defendant asserted that an escrow deed under which plaintiff claimed had been delivered without authority and was void. Plaintiff Had a decree as prayed, hence this appeal.
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From Linn: Reuben P. Boise, Judge. Suit by the Wright-Blodgett Company, Limited, a partnership association of Michigan, against the Astoria Company, a private corporation of New Jersey, to remove a cloud from the title to real estate. Defendant asserted that an escrow deed under which plaintiff claimed had been delivered without authority and was void. Plaintiff Had a decree as prayed, hence this appeal. The case was submitted on briefs under Pule 16 of the Supreme Court: 35 Or. 587, 600. I. Time is the essence of the contract and delivery of the escrow contrary to the terms of the agreement…
1Opinion of the CourtJustice Bean
This is a suit to remove a cloud from title. The material facts are practically undisputed. In the latter part of October, 1901, J. J. Collins contracted with John Holland to purchase from him for the plaintiff 160 acres of unimproved timber land in Linn County for $2,000. On November 5th Holland and wife executed a deed to the plaintiff for the property, and delivered it to Collins under an agreement that he should deposit it with the banking firm of J. W. Cusick & Co., at Albany, to be held by the bank until an abstract could be procured, the title approved, and plaintiff make payment of…
2Cases cited4 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Hall v. DelaplaineWisconsin Supreme Court · 1856
- Knott v. James B.Oregon Supreme Court · 1874
3Cited by7 opinions
- Heinzel v. BackstromOregon Supreme Court · 1990
- Albachten v. MILLER ET UXOregon Supreme Court · 1959
- Heinzel v. BackstromCourt of Appeals of Oregon · 1989
- Kaufman v. HastingsOregon Supreme Court · 1919
- Ochoa v. CrossenCourt of Appeals of Oregon · 1991
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