Noland v. Bull
Oregon Supreme Court
Josephine County: Lionel R. Webster, Judge. This is an action by Delia Noland to recover the sum of five hundred dollars from Benjamin Bull upon a written instrument which was executed and delivered to plaintiff for a balance of five hundred dollars claimed to be due her on the sale of the Stephens Ranch to the defendant for the agreed price of two thousand dollars.
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Josephine County: Lionel R. Webster, Judge. This is an action by Delia Noland to recover the sum of five hundred dollars from Benjamin Bull upon a written instrument which was executed and delivered to plaintiff for a balance of five hundred dollars claimed to be due her on the sale of the Stephens Ranch to the defendant for the agreed price of two thousand dollars. This agreement is as follows:— This is to certify that I, the undersigned, do agree to pay the sum of five hundred dollars unto Delia Noland when the sale of the property known as the Stephens Ranch shall be accomplished; the said…
1Opinion of the CourtChief Justice Loed
1. Preliminarily, it is claimed that the trial court failed to make certain findings of fact which the pleadings show were material and necessary. If that is so, the defendant should have applied to the trial court to make such findings, and if it refused, he could have excepted to the ruling, and brought the matter in an appropriate way to the attention of this court. “Should the circuit court fail or neglect,” said Thayer, C. J., “to make a material finding upon the evidence before it, and the bill of exceptions showed that the .court was specially requested to make the finding, and it had…
2Cases cited8 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Crooker v. HolmesSupreme Judicial Court of Maine · 1875
- Hicklin v. McClearOregon Supreme Court · 1889
- Williston v. PerkinsCalifornia Supreme Court · 1876
- Randall v. JohnsonMississippi Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- Frank v. Butte & Boulder Mining & Lumber Co.Montana Supreme Court · 1913
- Branch v. LambertOregon Supreme Court · 1922
- Mignot v. ParkhillOregon Supreme Court · 1964
- Moody v. RichardsOregon Supreme Court · 1896
41 more not listed; retrieve them via the Exa API.