Cartwright v. Oregon Electric Ry. Co.
Oregon Supreme Court
Department 2. This is a suit to enforce the specific performance of a contract which is set ont in full in the complaint.
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Department 2. This is a suit to enforce the specific performance of a contract which is set ont in full in the complaint. Its terms so far as they are of interest here are as follows : “Whereas, the parties of the first part are the owners of certain lands lying in the William A. Forgey Donation Land Claim, lying in section sixteen (16) and twenty-one (21) in township fifteen (15) south of range four (4) west of the Willamette Meridian in Linn County, Oregon, and the said parties of the first part have this day sold and conveyed by deed bearing even date herewith, a right of way to the said…
1Opinion of the CourtBenson, J.
1. The substance of the whole case may be briefly stated thus: Plaintiff wants about 100 *600feet of the longer dike and about all of the shorter dike to extend into the river in such a manner as to form wing dams for deflecting the current toward the opposite bank and also seeks a decree compelling the defendant to perpetually maintain such structures. In addition to this he seeks damages for the injury wrought by the failure to so construct them. Defendant insists that plaintiff has not made a case calling for the interposition of a court of equity and we think that this contention is fully…
2Cases cited3 opinions
- Leonard v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
- Oregon-Wash. R. & N. Co. v. ReedOregon Supreme Court · 1917
- Oregonian Ry. Co. v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Oregon · 1885
3Cited by3 opinions
- McCormick v. Proprietors of the CemeteryMassachusetts Supreme Judicial Court · 1934
- McDonough v. Southern Oregon Mining Co.Oregon Supreme Court · 1945
- Braig v. FryeSupreme Court of Iowa · 1924