Chrudinsky v. Evans
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action to recover damages from the defendants on account of fraud which plaintiff alleges they perpetrated upon her, whereby they induced her to purchase the lease and furniture of an apartment house in Portland at much more than its real value. The separate answers of the defendants traverse all the averments of the complaint charging fraud.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action to recover damages from the defendants on account of fraud which plaintiff alleges they perpetrated upon her, whereby they induced her to purchase the lease and furniture of an apartment house in Portland at much more than its real value. The separate answers of the defendants traverse all the averments of the complaint charging fraud. The jury returned two verdicts for the plaintiff, one against the defendant Evans in the sum of $250 and another against the defendant Lent for $1,150. A…
1Opinion of the CourtJustice Burnett
1. The defendant complains that during the argument to the jury plaintiff’s counsel stated:
‘ ‘ The plaintiff now offers to take a thousand dollars and return to the defendant the property. Now, see if they will take up our offer and we will give them until to-morrow morning to come into court and accept the offer. ’ ’
The court overruled the objection of counsel for the defendant Lent to this argument, refused to withdraw the matter from the jury, and she excepted. This was error because the remark attempted to inject into the case a spurious issue and tended to divert the minds of the jurors…
2Cases cited15 opinions
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3Cited by13 opinions
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