Gray v. Pelton
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by R. W. Gray against Lottie L. Pelton, Guy C. Jacobs, Mabel G. Jacobs, Ms wife, H. M. Coss, Medford National Bank, a national banking corporation, and Albert Bailey, to enforce tbe performance of a contract to deliver a deed to certain lands- From a decree in favor of defendants, plaintiff appeals.
Read the full summary
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit by R. W. Gray against Lottie L. Pelton, Guy C. Jacobs, Mabel G. Jacobs, Ms wife, H. M. Coss, Medford National Bank, a national banking corporation, and Albert Bailey, to enforce tbe performance of a contract to deliver a deed to certain lands- From a decree in favor of defendants, plaintiff appeals. On October 3,1908, defendants Lottie L. Pelton, Guy C. Jaeobs, and Mabel G. Jacobs were the owners of tbe lands in question. One B. C. Gleason offered to pay $2,092 therefor, which Mrs. Lottie L.…
1Opinion of the CourtJustice Bean
1. Plaintiff maintains that the stipulation in the contract that time is of the essence thereof was waived by the parties, and that he is entitled to the deed. The defendants contend the reverse, and claim a forfeiture by reason of the nonpayment according to the express terms of the contract. The contract is with B. C. Gleason and his heirs or assigns. Gray stands in Gleason’s shoes, and is entitled to the same right as to the land that Gleason would have had if he had not conveyed to Gray; no more, no less.
2-5. The provisions of the contract in regard to the making of payments by the vendee…
2Cases cited10 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Stevinson v. JoyCalifornia Supreme Court · 1912
- Graham v. MerchantOregon Supreme Court · 1903
- Monson v. BragdonIllinois Supreme Court · 1895
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Porter v. HarringtonMassachusetts Supreme Judicial Court · 1928
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- City of Uvalde v. StovallCourt of Appeals of Texas · 1925
- Sullivan v. BurcawIdaho Supreme Court · 1922
- Paine v. Meier & Frank Co.Oregon Supreme Court · 1933
24 more not listed; retrieve them via the Exa API.