Kingsley v. Kressly
Oregon Supreme Court
Decided November 1, 1910. On Motion to Dismiss. [Ill Pac. 385.] From Multnomah: Calvin U. Gantenbein, Judge. This is a suit by E. D. Kingsley against H. J. Kressly and Thos. L. Greenough. From a decree in favor of plaintiff, defendants appeal. Respondent files motion to dismiss appeal. Motion Denied. Messrs. Wilbur & Spencer for the motion.. Mr. Arthur C. Emmons and Mr. A. King Wilson, contra. Mr. Justice Eakin delivered the opinion of the court.
Read the full summary
Decided November 1, 1910. On Motion to Dismiss. [Ill Pac. 385.] From Multnomah: Calvin U. Gantenbein, Judge. This is a suit by E. D. Kingsley against H. J. Kressly and Thos. L. Greenough. From a decree in favor of plaintiff, defendants appeal. Respondent files motion to dismiss appeal. Motion Denied. Messrs. Wilbur & Spencer for the motion.. Mr. Arthur C. Emmons and Mr. A. King Wilson, contra. Mr. Justice Eakin delivered the opinion of the court. The undertaking on appeal was filed on July 25, 1910, and the time for excepting to the sufficiency of the sureties expired July 30, 1910, and the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. The contract by its terms is an option. For the consideration of $2,000 paid, plaintiff granted to defendants, until April 15, 1909, the exclusive and irrevocable privilege to purchase the land. It was unilateral until accepted by defendants on that day. Until then they were in no way obligated to buy, and it was not a contract of sale. Plaintiff was bound by his offer, during the time specified, that he was not at liberty to withdraw it; there being a consideration paid for it. It is true the $2,000 was to constitute a part of the purchase price, if…
2Cases cited7 opinions
- House v. JacksonOregon Supreme Court · 1893
- Clarno v. GraysonOregon Supreme Court · 1896
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- Friendly v. ElwertOregon Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Country Club Oil Co. v. LeeSupreme Court of Minnesota · 1953
- Strong v. MooreOregon Supreme Court · 1922
- Leadbetter v. PriceOregon Supreme Court · 1921
- Brown v. LairdOregon Supreme Court · 1930
- Craswell v. BiggsOregon Supreme Court · 1938
20 more not listed; retrieve them via the Exa API.