Aya v. Morson
Oregon Supreme Court
From Multnomah.: Robert Tucker, judge; In Bane. The questions presented in this case are in brief: First, whether an agreement to transfer liens created under the Carey Reclamation Act, and generally known as “Carey Act Liens,” is within subdivision 6 of section 808 of our Code, substantially re-enacting the statute of frauds and providing that an agreement ‘ ‘for the sale of real property, or of any interest therein,” is void unless in writing.
Read the full summary
From Multnomah.: Robert Tucker, judge; In Bane. The questions presented in this case are in brief: First, whether an agreement to transfer liens created under the Carey Reclamation Act, and generally known as “Carey Act Liens,” is within subdivision 6 of section 808 of our Code, substantially re-enacting the statute of frauds and providing that an agreement ‘ ‘for the sale of real property, or of any interest therein,” is void unless in writing. Second, if such liens are not real property but personal in their» nature, was the cancellation and release of an obligation to turn over certain…
1Opinion of the CourtBennett, J.
2. It is urged on behalf of appellant that the contract for the release of the canal stock and the assignment of the Carey Act Liens, while oral in itself, was only a modification of the previous original contract between Morson and the plaintiff, and as such modification was not within the statute of frauds, because the original contract was then fully executed, except as to the mere transfer of the canal stock by Morson in payment of plaintiff’s services.
But it is thought that this latter transaction was in the nature of a new and independent contract, by which the canal stock due to the…
2Cases cited10 opinions
- Watson v. Dundee Mortgage & Trust Investment Co.Oregon Supreme Court · 1885
- Hillman v. YoungOregon Supreme Court · 1912
- Anderson v. BaxterOregon Supreme Court · 1871
- Sellwood v. GrayOregon Supreme Court · 1884
- Hughes v. LansingOregon Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Keeler v. MurphyCalifornia Court of Appeal · 1931
- Guild v. WallisOregon Supreme Court · 1935
- Yawkey-Crowley Lumber Co. v. AckerWisconsin Supreme Court · 1928