Legal Opinion

Goff v. Kelsey

Oregon Supreme Court

Decided December 7, 1915PublishedCited by 19 opinions

From Union: John W. Knowles, Judge. Statement by Mr. Justice Harris. The plaintiffs, Lane Goff and Laura Goff, are endeavoring to enforce an oral contract, which they claim was made with L. S. Kelsey, for the conveyance of an undivided one-fourth interest in 1,160 acres of land in Union County. L. S. Kelsey died on May 15, 1913, before the commencement of this suit. Laura Goff is the wife of Lane Goff and a daughter of L. S. Kelsey.

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From Union: John W. Knowles, Judge. Statement by Mr. Justice Harris. The plaintiffs, Lane Goff and Laura Goff, are endeavoring to enforce an oral contract, which they claim was made with L. S. Kelsey, for the conveyance of an undivided one-fourth interest in 1,160 acres of land in Union County. L. S. Kelsey died on May 15, 1913, before the commencement of this suit. Laura Goff is the wife of Lane Goff and a daughter of L. S. Kelsey. The persons made defendants are Grace Kelsey, as the widow of L. S. Kelsey, and also as the executrix of his estate, six daughters of the deceased, who are Lettie…

1Opinion of the CourtJustice Harris

The pivotal points of difference between the contesting parties to this litigation are: (1) Whether L. S. Kelsey agreed to sell to Lane Goff; and (2) whether Goff’s occupancy of a part of the land and the work done by him on the premises and on the ditch were sufficient to authorize the enforcement of an oral agreement. If L. S. Kelsey did not agree to sell to Goff, then it will not be necessary to discuss any other question; but, even if an agreement was made, it will not avail plaintiffs, unless the bar raised by the statute of frauds has been removed by the acts of Goff in using and…

2Cases cited12 opinions

  1. Wagonblast v. WhitneyOregon Supreme Court · 1885
  2. West v. Washington Railway Co.Oregon Supreme Court · 1907
  3. Ankeny v. BlakleyOregon Supreme Court · 1903
  4. Barrett v. SchleichOregon Supreme Court · 1900
  5. Sprague v. JessupOregon Supreme Court · 1905

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Leadbetter v. PriceOregon Supreme Court · 1921
  2. Anderson v. RichardsOregon Supreme Court · 1921
  3. Holohan v. McCarthyOregon Supreme Court · 1929
  4. Rowe v. FreemanOregon Supreme Court · 1918
  5. Dodge v. DaviesOregon Supreme Court · 1947

14 more not listed; retrieve them via the Exa API.

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