Aitken v. Bjerkvig
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. The plaintiffs, J. A. Aitken and Maggie Aitken, bring this action against John Bjerkvig and Jacob J. Bjerkvig, to recover damages • for an alleged fraud said to have been practiced upon them by the defendants in exchange of residence property in Portland, Oregon, for acreage owned by the defendants in Lincoln County, Oregon.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. The plaintiffs, J. A. Aitken and Maggie Aitken, bring this action against John Bjerkvig and Jacob J. Bjerkvig, to recover damages • for an alleged fraud said to have been practiced upon them by the defendants in exchange of residence property in Portland, Oregon, for acreage owned by the defendants in Lincoln County, Oregon. After describing the Portland realty and alleging that the defendant John Bjerkvig was acting for himself and the other defendant, the complaint avers, in substance, that the defendants represented…
1Opinion of the CourtJustice Burnett
1. The assignments of error are three in number: (1) The overruling of the demurrer to the complaint; (2) disregarding defendants’ objection to the reception of any evidence on the ground that the complaint fails to state facts sufficient to constitute a cause of action; and (3) denying the defendants’ motion for a *401judgment of nonsuit at the close of the evidence for the plaintiffs on the ground that the testimony offered up to that time failed to prove their cause of action. The substance of their testimony is that they and a man named Bender went in company with John Bjerkvig to look at the…
2Cases cited8 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Wimer v. SmithOregon Supreme Court · 1892
- Jackson v. ArmstrongMichigan Supreme Court · 1883
- Van Horn v. O'ConnorWashington Supreme Court · 1906
- Witherwax v. RiddleIllinois Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Duyck v. Tualatin Valley Irrigation DistrictOregon Supreme Court · 1987
- McCabe v. KelleherOregon Supreme Court · 1918
- Milton v. HareOregon Supreme Court · 1929
- Como Orchard Land Co. v. MarkhamMontana Supreme Court · 1918
- Greig v. Interstate Investment Co.Oregon Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.