Buchanan v. Tennant
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This is a suit for the specific performance of a written contract between J. A. Buchanan, who is an attorney at law, residing at Roseburg, in Douglas County, and the defendant, Phoebe Tennant, who resides in the state of Colorado. It recites that defendant is the owner of certain lands in that county, which had been sold for taxes, and that a deed had been issued and recorded and other conveyances made.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This is a suit for the specific performance of a written contract between J. A. Buchanan, who is an attorney at law, residing at Roseburg, in Douglas County, and the defendant, Phoebe Tennant, who resides in the state of Colorado. It recites that defendant is the owner of certain lands in that county, which had been sold for taxes, and that a deed had been issued and recorded and other conveyances made. By its terms defendant employed plaintiff to recover said lands by suit or otherwise, and as a consideration therefor…
1Opinion of the CourtJustice Slater
1. Plaintiff and his counsel have earnestly and ably urged upon us that the trial court erred, both upon the facts and the law. But, assuming that the law is as he contends, and that he is entitled to the remedy invoked when he has shown by competent testimony that he has fully performed the terms of the contract, yet we are compelled by the record to find that he has failed to make his case. He testifies that, when the contract was made, the land had been sold for delinquent taxes, and was bid in by the county five different times prior to the sale to Baker and Childs. These sales • occurred…
2Cases cited1 opinion
- Berger v. Multnomah CountyOregon Supreme Court · 1904
3Cited by1 opinion
- Buchanan v. TennantOregon Supreme Court · 1912