Neppach v. Oregon & Cal. Railroad
Oregon Supreme Court
From Multnomah: Arthur L.-Frazer, Judge. Statement by Mr. Justice Bean. This is an action by Anthony Neppach against the Oregon & California Railroad Co. On March 24, 1883, the defendant contracted to sell to the plaintiff and one C. A. Himpel (the contract being in the name of Himpel) five, sections of land in the eastern part of Multnomah County and within the indemnity limits of the grant made to it by act of congress of July 25, 1866. The contract price, was $12,866.36,…
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From Multnomah: Arthur L.-Frazer, Judge. Statement by Mr. Justice Bean. This is an action by Anthony Neppach against the Oregon & California Railroad Co. On March 24, 1883, the defendant contracted to sell to the plaintiff and one C. A. Himpel (the contract being in the name of Himpel) five, sections of land in the eastern part of Multnomah County and within the indemnity limits of the grant made to it by act of congress of July 25, 1866. The contract price, was $12,866.36, of which $1,286.69 was paid in cash, and the balance, with interest, was to be paid in ten annual installments, the last…
1Opinion of the CourtJustice Bean
The controlling propositions made by the defendant on this appeal are: First, there never ivas any agreement or understanding for an extension or waiver of time of performance; second, if such an agreement were, made, Schulze had no authority to act for or to bind' the defendant thereby; third, if such *388contract were made, and Schulze bad authority to bind the defendant, it was void because within the statute of frauds, and not in writing; and fourth, the court erred in ruling and instructing. the jury that the measure of damages for a breach of the contract was the value of the land agreed to…
2Cases cited30 opinions
- Swain v. SeamansSupreme Court of the United States · 1870
- Thomson v. . PoorNew York Court of Appeals · 1895
- Fleming v. GilbertNew York Supreme Court · 1808
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
- Glenn v. SavageOregon Supreme Court · 1887
25 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Johnson v. KaeserCalifornia Supreme Court · 1925
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Kingsley v. KresslyOregon Supreme Court · 1911
- Kantor v. Boise Cascade Corp.Court of Appeals of Oregon · 1985
35 more not listed; retrieve them via the Exa API.