Skinner v. Furnas
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Chief Justice Moore. This is a suit by Mrs. Georgie A. Skinner against Leroy Furnas and Grace M., Ms wife, J. H. Beid and Genevieve, Ms wife, and tbe Umatilla Project Orchard Lands Company, a corporation, to enforce tbe specific performance of an oral agreement to convey real property.
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From Umatilla: Gilbert W. Phelps, Judge. In Bane. Statement by Mr. Chief Justice Moore. This is a suit by Mrs. Georgie A. Skinner against Leroy Furnas and Grace M., Ms wife, J. H. Beid and Genevieve, Ms wife, and tbe Umatilla Project Orchard Lands Company, a corporation, to enforce tbe specific performance of an oral agreement to convey real property. Mr. Furnas, being tbe owner in fee of tbe southwest quarter of tbe northwest quarter of section 11, in townsMp 4 north, range 28 east of tbe Willamette Meridian, near Hermiston, Oregon, on October 1,1910,. with bis wife conveyed such tract of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
Invoking the doctrine announced in Barrett v. Schleich, 37 Or. 613, 617 (62 Pac. 792), where it is said:
“The parol agreement to convey real property is the foundation, and the part performance thereof by the purchaser is the superstructure, which, considered as a unity, authorizes a court of equity specifically to enforce the contract”
—it is maintained by appellants’ counsel that, the complaint having failed to aver that a parol agreement to purchase the tract of land was ever consummated, or that pursuant to the terms of any contract possession of the…
2Cases cited26 opinions
- House v. JacksonOregon Supreme Court · 1893
- State v. HammelsyOregon Supreme Court · 1908
- May v. EmersonOregon Supreme Court · 1908
- Cooper v. ThomasonOregon Supreme Court · 1896
- Mansfield v. HodgdonMassachusetts Supreme Judicial Court · 1888
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3Cited by5 opinions
- Higgins v. Insurance Company of North AmericaOregon Supreme Court · 1970
- Mathews v. TobiasOregon Supreme Court · 1921
- Compton v. PerkinsOregon Supreme Court · 1933
- State v. GourleyOregon Supreme Court · 1956
- State v. GourleyOregon Supreme Court · 1956