David v. Moore
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is an action by A. L. David against William and Nicholas Moore to recover damages for alleged false and fraudulent representations.
Read the full summary
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is an action by A. L. David against William and Nicholas Moore to recover damages for alleged false and fraudulent representations. The complaint avers that on February 24, 1903, plaintiff entered into a contract with the defendants whereby, in consideration of $125 and the payment of their expenses, they agreed to locate' plaintiff upon a desirable quarter section of vacant public land, the title to which he could secure from the United States by complying with the requirements of the homestead law; that on the next…
1Opinion of the CourtJustice Moore
It is contended by defendants’ counsel that the court erred in overruling a demurrer to the complaint. It is argued that the plaintiff alleged he entered into a contract with the defendants whereby they were to locate him on a piece of government land, the title to which he could secure by making final proof in sup*154port of his entry; that the complaint shows that they kept their • part of the agreement, but he refused to settle on the land, alleging his discovery of the mining claims thereon as an excuse for his failure to comply with the requirements of the homestead law; and that it does not…
2Cases cited9 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Cawston v. SturgisOregon Supreme Court · 1896
- Anderson v. AdamsOregon Supreme Court · 1903
- Wimer v. SmithOregon Supreme Court · 1892
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Carty v. McMenamin & WardOregon Supreme Court · 1923
- Burgess v. Charles A. Wing Agency, Inc.Oregon Supreme Court · 1932
- Mabry v. RandolphCalifornia Court of Appeal · 1908
- Ziegler v. StinsonOregon Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.