Woodard v. Willamette Val. Irr. Land Co.
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. Department 2. This is an action for money had and received. The cause was tried to the court and jury and a judgment followed in favor of plaintiff. Defendant appeals.
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From Marion: Percy E. Kelly, Judge. Department 2. This is an action for money had and received. The cause was tried to the court and jury and a judgment followed in favor of plaintiff. Defendant appeals. The action is founded upon the rescission of a written contract entered into between plaintiff Woodard and the defendant Willamette Valley Irrigated Land Company on August 27,1913, for the sale by the latter to the former of 17.06 acres of described land in Marion County, with a water right for the price of $4,265, $1,000 of which was paid at the time of the contract, the balance being…
1Opinion of the Court
BEAN, J. —
The principal assignments of error are: That the court erred in submitting to the jury the counterclaim of defendant; that after plaintiff rescinded the contract defendant acquiesced in such rescission and thereby rendered the same mutual; and that the Circuit Court erred in giving the following instructions to the jury:
“If you find from the evidence that plaintiff’s rescission of contract was acquiesced in, provided rescission has been proven, by any conduct or acts of defendant, then I instruct you that plaintiff is entitled to recover the amount he has put into said property, as…
2Cases cited17 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Graham v. MerchantOregon Supreme Court · 1903
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Mitchell v. HughesOregon Supreme Court · 1916
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Johnson v. FeskensOregon Supreme Court · 1934
- Holland v. BradleyOregon Supreme Court · 1932
- Quinlan v. JohnWyoming Supreme Court · 1921
- Massey v. BeckerOregon Supreme Court · 1918
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1935
7 more not listed; retrieve them via the Exa API.