Legal Opinion

Clerin v. Eccles

Oregon Supreme Court

Decided December 21, 1920PublishedCited by 4 opinions

From Baker: Gustav Anderson, Judge. In Banc. On November 12, 1907, as stated in the complaint, the plaintiff and his associates, stockholders of the Fir Lumber Manufacturing Company, a corporation, contracted jointly and severally to sell their several holdings of stock in that concern to W. H. Eccles, R. S. Eccles and W. H. Cheesman.

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From Baker: Gustav Anderson, Judge. In Banc. On November 12, 1907, as stated in the complaint, the plaintiff and his associates, stockholders of the Fir Lumber Manufacturing Company, a corporation, contracted jointly and severally to sell their several holdings of stock in that concern to W. H. Eccles, R. S. Eccles and W. H. Cheesman. At the time, as stated in the contract, the plaintiff and his associates held as follows: Clerin ........................ 120 shares Finn ........‘................. 30 “ Hostetler..................... 63 “ McGregor .................... 102 “ Newman ..... 35 “…

1Opinion of the CourtBurnett, J.

There are very many assignments of error, but substantially they are grounded upon the proposition urged by the defendants that the plaintiff is seeking to recover upon a contract which he has not performed on his part; further, that because the defendants pledged to the plaintiff as collateral for the security of the note, the stock they bought, they had received nothing from him, in consequence of which the' consideration of the note wholly failed, giving rise to the corollary that it was not necessary for the defendants to give notice of the rescission of the contract.

1, 2. It is true as a…

2Cases cited5 opinions

  1. Hennessy v. BaconSupreme Court of the United States · 1890
  2. St. Regis Paper Co. v. . Santa Clara Lumber Co.New York Court of Appeals · 1906
  3. State ex rel. Reed v. SmithOregon Supreme Court · 1887
  4. Cohen v. Big Stone Gap Iron Co.Supreme Court of Virginia · 1910
  5. Irving Park Ass'n v. WatsonOregon Supreme Court · 1902

3Cited by4 opinions

  1. Buckman v. Hill Military AcademyOregon Supreme Court · 1948
  2. Houston v. BriggsOregon Supreme Court · 1967
  3. Spence v. AllenOregon Supreme Court · 1953
  4. PacifiCorp v. St. Paul Surplus Lines Insurance CompanyDistrict Court, D. Oregon · 2025

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