Allen v. McNeelan
Oregon Supreme Court
From Multnomah: Jambs W. Hamilton, Judge. Statement by Me. Justice Buenett. The plaintiffs, James W. Allen and Olive Gr.
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From Multnomah: Jambs W. Hamilton, Judge. Statement by Me. Justice Buenett. The plaintiffs, James W. Allen and Olive Gr. Allen, husband and wife, allege themselves to be owners in fee simple of a Polk County farm, which they say was worth $16,000 and was mortgaged for $8,000. The defendant owned property in Portland subject to city improvement liens approximating $1,000. They aver that about November 29, 1912, the defendant, C. H. McNeelan, proposed to exchange his Portland holdings for the Polk County farm, encumbered as it was, on condition that they would give back to him a first mortgage…
1Opinion of the CourtJustice Burnett
The grounds upon which the Circuit Court based its ruling were: (1) That the representations made by the defendant to the plaintiffs in the exchange of properties were merely the owner’s estimate of value, and not recitals of fact; (2) that the plaintiffs did not rely upon said statements, but upon their own judgment; (3) that plaintiffs did not exercise ordinary care for their own protection; and (4) that the release executed by the plaintiff James E. Allen discharged the defendant from whatever liability there may have been in the premises.
1, 2. Aside from his alleged declaration about the *610v…
2Cases cited3 opinions
- People v. . PeckensNew York Court of Appeals · 1897
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Boelk v. NolanOregon Supreme Court · 1910
3Cited by9 opinions
- Horner v. WagyOregon Supreme Court · 1944
- McCabe v. KelleherOregon Supreme Court · 1918
- Milton v. HareOregon Supreme Court · 1929
- Linebaugh v. Portland Mortgage Co.Oregon Supreme Court · 1925
- Ward v. JensonOregon Supreme Court · 1918
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