Harth v. Pollock
Oregon Supreme Court
From Multnomah: JohN P. KavaNaugh, Judge. Department 2. ¡ This was a suit brought by plaintiff to have canceled and declared void a mortgage executed by H. C. Irwin upon Lots 9, 10 and 11, Block 4, Greenwood, in the City of Portland, Oregon.
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From Multnomah: JohN P. KavaNaugh, Judge. Department 2. ¡ This was a suit brought by plaintiff to have canceled and declared void a mortgage executed by H. C. Irwin upon Lots 9, 10 and 11, Block 4, Greenwood, in the City of Portland, Oregon. The complaint alleged that about June 3, 1918, Irwin, who was a real estate broker in the City of Portland, informed plaintiff that he had a purchaser for the above-described premises, who would purchase the same for $2,500 and pay $1,000. cash upon the delivery of a deed and secure the balance by a purchase price mortgage on the premises; that on June 3d…
1Opinion of the CourtMcBRIDE, C. J.
The facts in this case admit of little dispute. Irwin, having been convicted and sentenced to the penitentiary for a fraud upon the plaintiff, did not appear either by pleading or as a witness at the trial, and the circumstances accompanying the deposit of the deed with him by plaintiff must be taken to have been as detailed in plaintiff’s testimony, which was to the effect that about May 1, 1918, he listed the property in question with Irwin for sale, the terms to be $1,000 cash and $1,500 secured by a first mortgage on the premises; and that about May 15th Irwin phoned him that he had a…
2Cases cited10 opinions
- Creveling v. BantaSupreme Court of Iowa · 1908
- Swartz v. BallouSupreme Court of Iowa · 1877
- State v. MatthewsSupreme Court of Kansas · 1890
- Allen v. AyerOregon Supreme Court · 1895
- Hall v. KarySupreme Court of Iowa · 1907
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3Cited by10 opinions
- Commercial Finance Corp. v. BurkeOregon Supreme Court · 1943
- Webb v. StewartOregon Supreme Court · 1970
- Hansen v. BellmanOregon Supreme Court · 1939
- Bechtel v. BechtelOregon Supreme Court · 1939
- Holt v. Guaranty Loan Co.Oregon Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.