Hilgar v. Miller
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. This is a suit by Minerva E. Hilgar and others against J. W. Miller and wife to set aside a deed, and to compel an accounting for the rents and profits of certain real property.
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From Jackson: Hiero K. Hanna, Judge. This is a suit by Minerva E. Hilgar and others against J. W. Miller and wife to set aside a deed, and to compel an accounting for the rents and profits of certain real property. The facts are that on May 9, 1899, Jacob G. Grossman, being the .owner of lots 11 and 12 in block 66 in Medford, executed to J. W. Miller, the defendant, a warranty deed therefor, which was deposited with the Jackson County Bank, to be delivered immediately upon Grossman’s death, provided Miller faithfully cared for and furnished him during his natural life all needful food,-…
1Opinion of the CourtChief Justice Moore
1. It is contended by plaintiff’s counsel that the minds of the parties to the deed never met in respect to the services to be performed — Grossman requiring a home and attention, while Miller expected him to go to the soldiers ’ home, thereby relieving him from all responsibility — and hence no agreement was ever entered into as a foundation for the execution of the deed, and the court erred in awarding the lots to the defendant.. The rule is well settled that an offer by one person to another imposes no obligation upon the former unless it is accepted by the latter according to the terms on…
2Cases cited9 opinions
- Wilson v. WilsonOregon Supreme Court · 1894
- Tyler v. CateOregon Supreme Court · 1896
- Gaston v. City of PortlandOregon Supreme Court · 1888
- Portland National Bank v. ScottOregon Supreme Court · 1891
- Dyson v. BradshawCalifornia Supreme Court · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- De Bow v. WollenbergOregon Supreme Court · 1908
- Jackson v. JacksonOregon Supreme Court · 1913
- Sharp v. KilbornOregon Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.