Stennick v. J. K. Lumber Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. In Bane. Statement by Mr. Justice McBride. This is a suit to rescind a contract for the sale of timber, situated in the- State of Washington, on the ground of fraudulent representations as to the quantity of such timber and other alleged false representations materially affecting the contract.
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From Multnomah: John P. Kavanaugh, Judge. In Bane. Statement by Mr. Justice McBride. This is a suit to rescind a contract for the sale of timber, situated in the- State of Washington, on the ground of fraudulent representations as to the quantity of such timber and other alleged false representations materially affecting the contract. The pleadings independent of the exhibits would occupy 130 pages of the Oregon Beports, and the testimony taken on the trial contains oyer 3,000 pages of typewritten legal cap. The following excerpt from the opinion of the learned circuit judge who tried the…
1Opinion of the CourtJustice McBride
1. This suit has the distinction of containing the most extensive record in the matter of pleadings, testimony, and briefs of any case ever brought to this court. The *456first cause of suit is for the rescission of the contract between Dodge and the defendants upon the ground of false representations by defendants whereby Dodge and his corporations were induced to enter into it. Conceding, without deciding, that the trustee in bankruptcy is authorized to bring a suit to set aside a contract on the ground of fraud, we will consider the question as to whether the allegations of fraud are borne out…
2Cases cited9 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
- Seeck v. JakelOregon Supreme Court · 1914
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3Cited by15 opinions
- Hyman v. CohenSupreme Court of Florida · 1954
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Fry v. DH Overmyer Co., Inc.Oregon Supreme Court · 1974
- Kemmerer v. Title & Trust Co.Oregon Supreme Court · 1918
- Comstock Mfg. Co. v. SchiffmannOregon Supreme Court · 1925
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