Shebley v. Quatman
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by J. Gr. Sbebley against A. H. Quatman and J. K. Kendrick, and is brought for the purpose of having the defendant Quatman declared trustee for plaintiff of certain lands situated in Jackson County.
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From Jackson: Frank M. Calkins, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by J. Gr. Sbebley against A. H. Quatman and J. K. Kendrick, and is brought for the purpose of having the defendant Quatman declared trustee for plaintiff of certain lands situated in Jackson County. The complaint, in substance, alleges that plaintiff is a skilled and experienced miner and prospector, and that by virtue of such skill and experience and his research and prospecting of the lands described in the complaint he had discovered such lands to be rich in mineral; that he informed…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The first question that presents itself is as to the nature of the contract between plaintiff and Kendrick. Plaintiff’s counsel contends that it was such as to constitute a partnership' in dealing in land, and relies principally upon the ease of Flower v. Barnekoff, 20 Or. 132 (25 Pac. 370, 11 L. R. A. 140), fo sustain that contention. Tiiis case is authoritative and furnishes the rule to be followed by us; and, testing thte. evidence here taken by that case, we do not think a partnership is established in the case at bar. As well remarked in that case:…
2Cases cited1 opinion
- Flower v. BarnekoffOregon Supreme Court · 1890
3Cited by12 opinions
- Hayes v. KillingerOregon Supreme Court · 1963
- Dizick v. Umpqua Community CollegeOregon Supreme Court · 1979
- Metropolitan Casualty Insurance v. N. B. Lesher, Inc.Oregon Supreme Court · 1935
- Stennick v. J. K. Lumber Co.Oregon Supreme Court · 1916
- City of Kalamazoo v. BalkemaMichigan Supreme Court · 1930
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