Spence v. Hull
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit in equity by W. O. Spence against O. J. Hull and Ada E. Hull to cancel a contract between plaintiff and defendant O. J. Hull, on the ground of fraud. The facts were submitted to a jury, and the court rendered a decree in favor of plaintiff. The defendants appeal.
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From Multnomah: William N. Gatens, Judge. Department 2. Statement by Mr. Justice Bean. This is a suit in equity by W. O. Spence against O. J. Hull and Ada E. Hull to cancel a contract between plaintiff and defendant O. J. Hull, on the ground of fraud. The facts were submitted to a jury, and the court rendered a decree in favor of plaintiff. The defendants appeal. The transaction involved was an exchange on the 22d day of July, 1912, of lot 12, block 5, Oakhurst Addition to the City of Portland, Oregon, of the value of $3,000 over and above a mortgage of $700, by plaintiff to defendant O. J.…
1Opinion of the CourtJustice Bean
1. It is the contention of counsel for defendants in this suit that the action in Clackamas County is a bar *271to the same. It is settled law that a judgment or decree rendered upon the merits is a final, conclusive determination of the rights of the parties and a bar to a subsequent proceeding between them on the same claim or cause of suit, not only as to the matter actually determined, but also as to everything else which the parties might have litigated, and had decided as an incident to or essentially connected therewith, either as a matter of claim or defense: Ruckman v. Union Ry. Co., 45…
2Cases cited12 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Scott v. WaltonOregon Supreme Court · 1898
- Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
- Glenn v. SavageOregon Supreme Court · 1887
- Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
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3Cited by12 opinions
- Bennett v. CITY OF SALEMOregon Supreme Court · 1951
- Jeffreys v. WeeklyOregon Supreme Court · 1916
- T. B. Potter Realty Co. v. BreitlingOregon Supreme Court · 1916
- Valley Gin Co. v. McCarthyArizona Supreme Court · 1940
- Barnes v. AndersonOregon Supreme Court · 1923
7 more not listed; retrieve them via the Exa API.