Ward v. Jenson
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Harris. This is an action for damages alleged to have been caused by fraudulent representations inducing the exchange of lands. The plaintiff Lottie E. Ward owned, subject to a $1,700 mortgage, real property in Portland, Oregon. The defendant, Thomas A. Jenson, was in the possession of 14.34 acres of land in Orange County, California, but he owned only 4.34 acres.
Read the full summary
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Harris. This is an action for damages alleged to have been caused by fraudulent representations inducing the exchange of lands. The plaintiff Lottie E. Ward owned, subject to a $1,700 mortgage, real property in Portland, Oregon. The defendant, Thomas A. Jenson, was in the possession of 14.34 acres of land in Orange County, California, but he owned only 4.34 acres. He had a contract for the purchase of the remaining and adjoining 10 acres for the price of $9,000, of which only $1,000 had been paid. The complaint alleges that…
1Opinion of the CourtJustice Harris
1. The court instructed the jury that:
‘ ‘ The measure of damages in this case is the difference between the value of the land as it would have been if it was as represented, and the actual market value; in other words: the value which Mr. Jenson represented was the true value and its actual value, which you find is the market value.”
This instruction was erroneous. It is settled in this state that in an action to recover damages for false representations inducing an exchange of property the measure of damages is the difference between the market value of the property parted with by the person…
2Cases cited19 opinions
- George v. HesseTexas Supreme Court · 1906
- Smith v. BollesSupreme Court of the United States · 1889
- Sigafus v. PorterSupreme Court of the United States · 1900
- Scott v. WaltonOregon Supreme Court · 1898
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Schuler Et Ux. v. Humphrey Et Ux.Oregon Supreme Court · 1953
- Horner v. WagyOregon Supreme Court · 1944
- Holland v. LentzOregon Supreme Court · 1964
18 more not listed; retrieve them via the Exa API.