Peterson v. Creason
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justioe Bean. This is a suit by Peter Peterson against C. J. Creason, to enforce an indemnity contract. The facts are these: In April, 1894, Edward, George and Rose Bushey were the joint owners of a large tract of land near the City of Rose-burg, which was mortgaged to David Grenot for about $7,000. The Busheys desired to lay off a part of the land into town lots for sale.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justioe Bean. This is a suit by Peter Peterson against C. J. Creason, to enforce an indemnity contract. The facts are these: In April, 1894, Edward, George and Rose Bushey were the joint owners of a large tract of land near the City of Rose-burg, which was mortgaged to David Grenot for about $7,000. The Busheys desired to lay off a part of the land into town lots for sale. Grenot objected on the theory that he would thereby lose from the lien of his mortgage the land covered by the proposed streets and alleys. In order to satisfy him…
1Opinion of the CourtJustice Bean
To support the decree of the court below the defendant contends: (1) That evidence to prove a contract by Grenot to protect the plaintiff from the Thompson and Josephson judgmentliens was incompetent and inadmissible, because it tended to vary or contradict a written contract; (2) that the indemnity contract was not in writing, and therefore void under the statute of frauds; and (3) the suit is barred by the statute of limitations.
*711. It is argued that there can be no proof of the terms of the contract under which plaintiff purchased and acquired title to the property in question, except the…
2Cases cited4 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Davis v. PatrickSupreme Court of the United States · 1887
- Rose v. WollenbergOregon Supreme Court · 1896
- Rowsey v. LynchSupreme Court of Missouri · 1876
3Cited by8 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- King v. MillerOregon Supreme Court · 1908
- State v. CornwallOregon Supreme Court · 1921
- Caldwell v. McKennaIdaho Supreme Court · 1934
- Ledford v. HuggansSupreme Court of Oklahoma · 1923
3 more not listed; retrieve them via the Exa API.