Holladay v. Davis
Oregon Supreme Court
Appeal from Linn County. This appeal is from a judgment of the Circuit Court for Linn County, overruling a demurrer to the complaint.
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Appeal from Linn County. This appeal is from a judgment of the Circuit Court for Linn County, overruling a demurrer to the complaint. The plaintiff sued to recover an amount alleged to be due on a contract in the form of a subscription list, in which the several subscribers, of whom .the defendant was one, had respectively promised to pay the plaintiff specified amounts, in case the plaintiff should cause the line' of the railroad of the Oregon and California Railroad Company to be located in a specified manner. It is alleged, in the complaint, that the plaintiff is the owner of a majority of…
1Opinion of the Court
By the Cfeurt,
Upton, 0. J.:
The sufficiency of the complaint in this cause is questioned on the general ground that all agreements made with railway corporations with a view to influence the corporation as to locating its route or line of road, or as to the places to and from which it shall be constructed, are contrary to public policy, and therefore void, and also on the *42specific ground that from the relations existing between the plaintiff and the railway corporation the alleged contract is against public policy.
In support of the first position, the appellant claims that if such inducements…
2Cases cited1 opinion
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
3Cited by4 opinions
- Buchtel v. EvansOregon Supreme Court · 1891
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
- Cole v. ClarkOregon Supreme Court · 1965
- Senter v. BurkhalterOregon Supreme Court · 1951