Bull v. Payne
Oregon Supreme Court
From Josephine: Hiero K. HaNNA, Judge. Statement by Mr. Justice Hailey. This is a proceeding by Benjamin Bull against P. P. Payne and another, as executors, to enforce a claim against the estate of James Lyttle, deceased.
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From Josephine: Hiero K. HaNNA, Judge. Statement by Mr. Justice Hailey. This is a proceeding by Benjamin Bull against P. P. Payne and another, as executors, to enforce a claim against the estate of James Lyttle, deceased. The plaintiff and Lyttle were old-time friends, and at one time had been partners, and the plaintiff filed upon a copper claim adjoining a like claim owned by Lyttle, and thereafter deeded it to Lyttle to sell with his claim for a consideration of $15,000, out of which Lyttle was to pay plaintiff $1,500; but, this sale having failed, Lyttle afterward sold the two claims for…
1Opinion of the CourtJustice Hailey
1. Based upon the testimony of the plaintiff regarding the agreement to accept $300 and the farm from Lyttle when the title thereto had been cleared, the defendants asked the court to limit the amount of plaintiff’s recovery in this ■action to $300, but the instruction was refused. This action, is based upon the claim presented for the purchase price-of the mining claim conveyed by plaintiff to Lyttle, and not upon the subsequent agreement to accept $300 and the farm; the issue in the case being limited to the purchase-price at the time the mining claim was conveyed. • The instruction was…
2Cases cited1 opinion
- Goltra v. PenlandOregon Supreme Court · 1904
3Cited by8 opinions
- Branch v. LambertOregon Supreme Court · 1922
- Franklin v. NorthrupOregon Supreme Court · 1923
- Lawrence v. LaddOregon Supreme Court · 1977
- Estate of KukasOregon Supreme Court · 1927
- In Re Millon's EstateOregon Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.