Lange v. Devlin
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. On April 23,1913, E. D. Lange, as the buyer, and the Hood River Orchard Land Company, a corporation, as the seller, signed a contract for the sale of lot numbered 176, “Mosier View Orchards” in Wasco County. Pursuant to the terms of the agreement the buyer took possession of the premises.
Read the full summary
From Multnomah: Robert G. Morrow, Judge. Department 2. Statement by Mr. Justice Harris. On April 23,1913, E. D. Lange, as the buyer, and the Hood River Orchard Land Company, a corporation, as the seller, signed a contract for the sale of lot numbered 176, “Mosier View Orchards” in Wasco County. Pursuant to the terms of the agreement the buyer took possession of the premises. Afterward, on March 10, 1914, the plaintiff commenced this suit against the corporation and J. H. Devlin, its selling agent, to cancel the contract and to recover all moneys paid to the seller. A trial resulted in a…
1Opinion of the CourtJustice Harris
1. The appellant used and dealt with the land as though it then intended fully to accept and accede to the terms of the decree, and it will not be permitted to change the position which it voluntarily assumed. Kellogg v. Smith, 70 Or. 449, 456 (142 Pac. 330), furnishes a conclusive precedent. See, also, Thomas v. Booth-Kelly Co., 52 Or. 534 (97 Pac. 1078, 132 Am. St. Rep. 713); Elwert v. Marley, 53 Or. 591 (99 Pac. 887, 101 Pac. 671, 133 Am. St. Rep. 850); 3 C. J. 665, 669.
The appeal is dismissed.
Appeal Dismissed. Rehearing Denied.
Mr. Chief Justice Moore, Mr. Justice Burnett and Mr. Justice…
2Cases cited4 opinions
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Elwert v. MarleyOregon Supreme Court · 1909
- Kellogg v. SmithOregon Supreme Court · 1914
- Thomas v. Booth-Kelly Co.Oregon Supreme Court · 1908
3Cited by8 opinions
- Pacific General Contractors, Inc. v. Slate Construction Co.Oregon Supreme Court · 1952
- Kelly v. TracyOregon Supreme Court · 1956
- In Re Guardianship of StyerCourt of Appeals of Arizona · 1975
- Miller Et Ux v. Barker Et UxOregon Supreme Court · 1962
- Fluhrer v. BramelOregon Supreme Court · 1938
3 more not listed; retrieve them via the Exa API.