Stephens v. Wood
Oregon Supreme Court
From Baker : Robert Eakin, Judge. This is a suit by E. A. Stephens and J. S. Brice against Frederick Wood and others for equitable relief.
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From Baker : Robert Eakin, Judge. This is a suit by E. A. Stephens and J. S. Brice against Frederick Wood and others for equitable relief. The facts are that on July 6, 1896, the plaintiffs entered into a written contract with the defendant Wood whereby they agreed to sell and convey to him about two hundred and sixty acres of unpatented mining land and other property for which they had contracts of purchase, together with certain water rights, for the sum of $50,000. The deeds for the property were to be placed in the possession of the Farmers’ and Traders’ Bank of La Grande, to be held by…
1Opinion of the CourtChief Justice Bean
1. It is apparent that plaintiffs are not entitled to the full relief demanded in their complaint. Before they could rescind the contract and compel a reconveyance of the property, they must return, or offer to return, the money received by them on the contract.
2. The only question in the case, then, is whether the plaintiffs are entitled to the balance of the purchase price now in the hands of the trustee. The contract of July, 1897, provides that such payment shall not become due until a certificate for a patent to the mining land shall be received by the trustee. As no such certificate has…
2Cases cited5 opinions
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Richmond Mining Co. v. RoseSupreme Court of the United States · 1885
- Thompson v. SprayCalifornia Supreme Court · 1887
- Stemwinder Mining Co. v. Emma & Last Chance Consolidated Mining Co.Idaho Supreme Court · 1889
- Hansen v. FletcherUtah Supreme Court · 1894