Stearns v. Wollenberg
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Me. Commissioner Slater. This is an appeal from an order denying a motion of C. S. Jackson, plaintiffs attorney, to set aside a previous order made in this cause, dismissing the suit without costs to either party, upon a written instrument signed by plaintiff ■ and filéd by defendants’ attorney, certifying that the cause had been settled, and directing that it be dismissed without costs.
Read the full summary
From Douglas: James W. Hamilton, Judge. Statement by Me. Commissioner Slater. This is an appeal from an order denying a motion of C. S. Jackson, plaintiffs attorney, to set aside a previous order made in this cause, dismissing the suit without costs to either party, upon a written instrument signed by plaintiff ■ and filéd by defendants’ attorney, certifying that the cause had been settled, and directing that it be dismissed without costs. In this motion plaintiff’s attorney asks that he be allowed to continue the prosecution of the suit to a final decree, for the purpose of establishing his…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. It was held by this court, in the case of Jackson v. Stearns, 48 Or. 25 (84 Pac. 798) that the facts alleged' were sufficient to make a prima facie case of defendant’s intention to deprive plaintiff therein of his compensation, thereby imputing to Wilson bad faith, but that because the contract was oral, and Jackson had not entered into possession of the land, he was not specifically able to enforce the terms of his agreement as against his client, and hence he could not have Wilson declared a trustee *91holding the legal title for him, and could not maintain…
2Cases cited11 opinions
- Ennis v. SmithSupreme Court of the United States · 1853
- Wylie v. CoxeSupreme Court of the United States · 1854
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Renick v. LudingtonWest Virginia Supreme Court · 1880
- Jackson v. StearnsOregon Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- John Burk, P.C. v. BurzynskiWyoming Supreme Court · 1983
- Gordon, Huffaker & Garnett v. MorrowCourt of Appeals of Kentucky · 1920
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Enos v. KeatingWyoming Supreme Court · 1928
- In re Winston's LienDistrict Court, D. Alaska · 1922
3 more not listed; retrieve them via the Exa API.