Sharp v. Kilborn
Oregon Supreme Court
From Multnomah:' John P. Kavanaugh, Judge. Statement by Mr. Justice Burnett. This is a suit by W. L. Sharp against Warren Kilborn to cancel a deed alleged to have been delivered by a third party out of escrow, contrary to the conditions of the deposit, to wit, without payment of the purchase price of the realty described in the conveyance.
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From Multnomah:' John P. Kavanaugh, Judge. Statement by Mr. Justice Burnett. This is a suit by W. L. Sharp against Warren Kilborn to cancel a deed alleged to have been delivered by a third party out of escrow, contrary to the conditions of the deposit, to wit, without payment of the purchase price of the realty described in the conveyance. The answer admits the lodgment of the deed with the third party, to be delivered on the proviso named, but alleges affirmatively that the defendant paid to the depositary the purchase price of the property, as required by the conditions of the escrow, and…
1Opinion of the CourtJustice Burnett
Only a question of law is involved in this suit, for the defendant by his motion admits the truth of the testimony, but says that it is not sufficient to sustain any decree against the defendant. The record discloses that about February 20, 1911, the plaintiff, a resident of *373Klamath Falls, was the owner of the real property in question, which is situated in Multnomah County. Some real estate agency in Portland, Oregon, had procured a purchaser for the premises, and so notified the plaintiff, who on the date last above mentioned addressed a letter to the Mt. Scott Bank at Lents, Oregon, as…
2Cases cited14 opinions
- Stringham v. Mutual Ins.Oregon Supreme Court · 1904
- Black v. SippyOregon Supreme Court · 1888
- State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
- Kiernan v. KratzOregon Supreme Court · 1902
- Tyler v. CateOregon Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scales v. First State BankOregon Supreme Court · 1918
- Almand v. PateSupreme Court of Georgia · 1915
- Clarke-Woodward Drug Co. v. Hot Lake Sanatorium Co.Oregon Supreme Court · 1915
- Telschow v. QuiggleOregon Supreme Court · 1914
- Root v. MartinSouth Dakota Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.