Kinney v. Eckenberger
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Bean. This is a suit by M. J. Kinney against H. O. Eckenberger to enjoin the defendant from prosecuting a certain action at law and for the cancellation of a contract sued upon in that action. A decree was rendered in favor of the plaintiff, and the defendants appeals.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Bean. This is a suit by M. J. Kinney against H. O. Eckenberger to enjoin the defendant from prosecuting a certain action at law and for the cancellation of a contract sued upon in that action. A decree was rendered in favor of the plaintiff, and the defendants appeals. About the 1st of March, 1902, the plaintiff desiring to obtain an option to purchase the land of the Southern Oregon Company in the counties of Coos and Douglas in this state, and having been advised that one Frank Hoberg was in a position to be of…
1Opinion of the CourtJustice Bean
1, 2. There is but little controversy in regard to the facts in the case. It appears from the evidence that Kinney expended a large sum of money in cruising the timber on the land and endeavored to make a sale of the property; that negotiations were had with several responsible persons, among the last of whom was a Mr. Woods of San Francisco who examined the land carefully; that when Kinney was called to San Francisco and went there expecting to close the deal with Mr. Woods, thinking the negotiations for a sale of the property were about completed, a telegram published in a newspaper came…
2Cases cited11 opinions
- Roche v. SmithMassachusetts Supreme Judicial Court · 1900
- Lockwood v. HalseySupreme Court of Kansas · 1889
- Dwyer v. RabornWashington Supreme Court · 1893
- Nordyke & Marmon Co. v. KehlorSupreme Court of Missouri · 1900
- Barney v. GilesIllinois Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.