McCabe v. Kelleher
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 1. The plaintiffs bought from the defendant an undivided half of 253 acres of Jand in Douglas County, paying part cash and giving their notes and mortgage on the land for the balance of the price. They have brought this action to recover damages from the defendant on account of alleged fraud on his part inducing them to purchase.
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From Douglas: James W. Hamilton, Judge. Department 1. The plaintiffs bought from the defendant an undivided half of 253 acres of Jand in Douglas County, paying part cash and giving their notes and mortgage on the land for the balance of the price. They have brought this action to recover damages from the defendant on account of alleged fraud on his part inducing them to purchase. They claim that they were ignorant of land values in the State of Oregon and were without any knowledge or experience concerning the nature of the soil and the value of land in Douglas County, all of which was well…
1Opinion of the CourtBurnett, J.
According to 39 Cyc. 1997, quoted with approval in Kruse v. Bush, 85 Or. 394 (167 Pac. 308):
“One who has been induced by fraudulent representations to become the purchaser of property has, upon the discovery of the fraud, three remedies open to him, either of which he may elect: He may rescind the contract absolutely and sue in an action at law to recover the consideration' parted with upon the fraudulent contract; he may bring an action in equity to rescind the contract and in that action have full relief; lastly, he may retain what he has received and bring an action at law to recover the…
2Cases cited11 opinions
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Poland v. BrownellMassachusetts Supreme Judicial Court · 1881
- Bell v. KeepersSupreme Court of Kansas · 1888
- Boelk v. NolanOregon Supreme Court · 1910
- Kruse v. BushOregon Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Horner v. WagyOregon Supreme Court · 1944
- Milton v. HareOregon Supreme Court · 1929
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1931
- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948
- Castleman v. StrykerOregon Supreme Court · 1923
22 more not listed; retrieve them via the Exa API.