Friendly v. Elwert
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. On January 22, 1907, defendant C. M. Elwert entered into an agreement with F. V. Andrews & Co. for the sale of certain property in Portland.
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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. On January 22, 1907, defendant C. M. Elwert entered into an agreement with F. V. Andrews & Co. for the sale of certain property in Portland. The agreement, omitting the description of the property, is as follows: “January 22, 1907. Received of F. V. Andrews & Co., agents, the sum of three hundred ($300) dollars on account of purchase price of ten thousand ($10,000) dollars, for the following real property, in the city of Portland, Multnomah County, Oregon; * * terms of sale are as follows: I am to furnish complete and…
1Opinion
*607Decided November 29, 1910.
On Petition foe Rehearing.
[Ill Pac. 690.]
Opinion
2Per curiam
After a careful re-examination of this case, we are satisfied that the conclusion reached in our former opinion (105 Pac. 404) is correct, and we adhere thereto.
Reversed: Rehearing Denied.
Decided January 31, 1911.
On Motion to Vacate Decree.
[112 Pac. 1085.]
Opinion by
Mr. Chief Justice Eakin.
After the mandate in this case had been issued, plaintiff filed a petition, asking that it be recalled and a rehearing granted, on the ground that the decree should have provided that plaintiff recover the $800 earnest payment made by…
3Cases cited12 opinions
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Berry v. FrisbieCourt of Appeals of Kentucky · 1905
- Rude v. LevySupreme Court of Colorado · 1908
- Cummins v. BeaversSupreme Court of Virginia · 1904
- Friendly v. ElwertOregon Supreme Court · 1909
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