Van De Wiele v. Garbade
Oregon Supreme Court
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by D. L. Van de Wiele against T. A. Garbade. It is substantially alleged in the complaint that about May 21, 1906, the defendant offered for sale to the plaintiff 37^2 shares of the capital stock of a corporation, known as the Portland Coffee & Spice Company, for. the price of $3,750, the par value of the stock.
Read the full summary
From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice Burnett. This is an action by D. L. Van de Wiele against T. A. Garbade. It is substantially alleged in the complaint that about May 21, 1906, the defendant offered for sale to the plaintiff 37^2 shares of the capital stock of a corporation, known as the Portland Coffee & Spice Company, for. the price of $3,750, the par value of the stock. The gravamen of the complaint is contained in the third paragraph, as follows: “That, as an inducement to plaintiff to purchase said capital stock, the defendant falsely and fraudulently, and…
1Opinion of the CourtJustice Burnett
1. The appellant seems to proceed in this court as if the cause were one of equitable cognizance, while the respondent contends that it is an action at law. The distinction between mere forms of action at law has been abolished in this State by our code (Section 1, L. O. *589L.) ; but the difference between actions at law and suits in equity is still maintained: Ming Yue v. Coos Bay Railroad Co., 24 Or. 392 (33 Pac. 641); Becannon v. Liebe, 11 Or. 443 (5 Pac. 273); Willis v. Crawford, 38 Or. 523 (63 Pac. 985: 53 L. R. A. 904); State ex rel. Taylor v. Lord, 28 Or. 498 (43 Pac. 471: 31 L. R. A.…
2Cases cited24 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- State v. LordOregon Supreme Court · 1896
- Jones v. ConnOregon Supreme Court · 1901
- Salem v. AnsonOregon Supreme Court · 1902
- State v. JarvisOregon Supreme Court · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- MacLeod v. StelleIdaho Supreme Court · 1926
- Horner v. WagyOregon Supreme Court · 1944
- Beard v. BeardOregon Supreme Court · 1913
- Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
29 more not listed; retrieve them via the Exa API.