Whiteaker v. Vanschoiack
Oregon Supreme Court
Appeal from Lane County. This is a suit in equity to enforce the specific performance of an agreement in writing for the exchange of lands. On the 4th day of May, 1872, appellant and respondent Yanschoiack entered into a written agreement for the exchange of certain lands. The agreement contained a proviso by which it was provided that the exchange should take place thirty days from the date of the agreement.
Read the full summary
Appeal from Lane County. This is a suit in equity to enforce the specific performance of an agreement in writing for the exchange of lands. On the 4th day of May, 1872, appellant and respondent Yanschoiack entered into a written agreement for the exchange of certain lands. The agreement contained a proviso by which it was provided that the exchange should take place thirty days from the date of the agreement. The land that appellant thus agreed to convey had been purchased by him at a sheriff’s sale, on the 10th of February, 1872, which sale had been confirmed April 23, 1872. Appellant had no…
1Opinion of the Court
By the Court,
Mosher, J.:
Before the court will exercise its extraordinary jurisdiction of enforcing a specific performance it must appear that *118the agreement sought to be enforced is fair and just, mutual in its character and certain in its terms. The written agreement of May 4, 1872, contained neither the State, county, township, range nor section in which the lands were situated, and' could not be enforced by reason of its uncertainty. Not only must a contract for the sale of lands be in writing, under the statute, but the lands must be certainly described in the writing, so as to be capable…
2Cases cited1 opinion
- Farnum v. LoomisOregon Supreme Court · 1861
3Cited by19 opinions
- House v. JacksonOregon Supreme Court · 1893
- Allen v. KitchenIdaho Supreme Court · 1909
- High v. DavisOregon Supreme Court · 1978
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Barrett v. SchleichOregon Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.