Collins v. Delashmutt
Oregon Supreme Court
Appeal from Polk County. On the thirteenth, day of November, 1874, Collins and Delashmutt entered into an agreement in writing, whereby Delashmutt bargained and sold to Collins, for the consideration of two thousand six hundred dollars, in gold coin, a tract of land, situated in Polk county, Oregon.
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Appeal from Polk County. On the thirteenth, day of November, 1874, Collins and Delashmutt entered into an agreement in writing, whereby Delashmutt bargained and sold to Collins, for the consideration of two thousand six hundred dollars, in gold coin, a tract of land, situated in Polk county, Oregon. Collins paid Delashmutt at the time the agreement was made four hundred dollars, in gold coin, and made and delivered to him his promissory notes in writing, payable April 1, 1875, for the balance of the purchase-money. The agreement provided that upon 'the payment of the notes April 1, 1875,…
1Opinion of the Court
By the Court, Watson, J.:
The first error assigned is that the court erred in admitting the certified copy of the judgment in favor of John Jackson and against appellant. In support of this assignment it is claimed by counsel for appellant that appellant’s contract being merely to make, execute and deliver to respondent a good and sufficient warranty deed of conveyance of the tract of land described in the complaint, was fully performed upon his part when he did make, execute and tender to respondent such a deed; and that the existence of an incumbrance as a judgment-lien did not prevent the…
2Cases cited1 opinion
- Sweet v. BarneyNew York Court of Appeals · 1861
3Cited by7 opinions
- Sheehan v. McKinstryOregon Supreme Court · 1922
- City of Bend v. Title & Trust Co.Oregon Supreme Court · 1929
- Lockhart v. FerreyOregon Supreme Court · 1911
- C. A. Babcock Co. v. KatzOregon Supreme Court · 1927
- Friendly v. RuffOregon Supreme Court · 1912
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