Legal Opinion

Houston v. Zahm

Oregon Supreme Court

Decided April 18, 1904PublishedCited by 14 opinions

From Multnomah: Melvin C. George, Judge. This is a suit by M. Merriman Houston and others against John A. Zahm and another to compel the specific performance of a contract to open and maintain a highway, made and entered into February 25, 1891, between L. D. Brown, Sherman D. Brown, and the Peninsular Real Estate Company on the one part, and the Portland University on the other.

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From Multnomah: Melvin C. George, Judge. This is a suit by M. Merriman Houston and others against John A. Zahm and another to compel the specific performance of a contract to open and maintain a highway, made and entered into February 25, 1891, between L. D. Brown, Sherman D. Brown, and the Peninsular Real Estate Company on the one part, and the Portland University on the other. The contract, so far as it is important for consideration, reads as follows: “That in consideration of the party of the second part locating its university buildings on the southeast part of the John Waud donation…

1Opinion of the Court

Mr. Justice Wolverton,

after stating the facts in the

foregoing terms, delivered the opinion of the court.

1. The questions of fact.involved relate to the alleged abandonment of the contract and the opening by the university of the east end of Ballantyne Street as agreed to be relocated, and a 60-foot highway to Spaulding Street, or an easterly extension thereof. Sherman D. Brown testifies that the contract was entered into for the purpose of giving more space to tract numbered 25 on high ground between Ballantyne Street and the edge of the bluff, the first parties *615being the owners at that time…

2Cases cited5 opinions

  1. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  2. Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
  3. Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
  4. Wagner v. HannaCalifornia Supreme Court · 1869
  5. King v. WightMassachusetts Supreme Judicial Court · 1892

3Cited by14 opinions

  1. McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
  2. Edinburg Irr. Co. v. PaschenCourt of Appeals of Texas · 1920
  3. Maples v. HortonSupreme Court of North Carolina · 1954
  4. United States v. FloreaDistrict Court, D. Oregon · 1945
  5. Menstell v. JohnsonOregon Supreme Court · 1927

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