Marshall v. Hillsboro Garden Tracts
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. This is a suit by "W. E. Marshall against the Hillsboro Garden Tracts, a private corporation. The plaintiff seeks to annul a land contract made with the defendant. On February 19, 1912, W. E. Marshall agreed in writing to purchase from the deCendant the north half of tract 4, in block 8, of Hillsboro Harden Tracts, the purchase price being $687.50, payable in installments.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Harris. This is a suit by "W. E. Marshall against the Hillsboro Garden Tracts, a private corporation. The plaintiff seeks to annul a land contract made with the defendant. On February 19, 1912, W. E. Marshall agreed in writing to purchase from the deCendant the north half of tract 4, in block 8, of Hillsboro Harden Tracts, the purchase price being $687.50, payable in installments. A payment of $200 was made at the time of signing the contract. The plaintiff entered into possession of the premises and placed permanent…
1Opinion of the CourtJustice Harris
1. The defendant did not demur to the complaint, but waited until the trial had commenced, and at that time objected to the introduction of testimony. The ruling made on the sufficiency of' the complaint in Cooper v. Hillsboro Garden Tracts, ante, p. 74 (152 Pac. 488), is applicable to and controls the instant case. The complaint is sufficient to withstand the attack of a belated objection.
2, 3. Attention will first be directed to the evidence. Concerning the promised employment, the plaintiff testified that the selling agent represented that:
“There would be work on these lots [meaning the…
2Cases cited25 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Lawrence v. GayettyCalifornia Supreme Court · 1889
- Dawe v. MorrisMassachusetts Supreme Judicial Court · 1889
- Rogers v. Virginia-Carolina Chemical Co.Court of Appeals for the Third Circuit · 1906
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
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3Cited by3 opinions
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Elastic Paint & Mfg. Co. v. JohnsonOregon Supreme Court · 1929
- Henrickson v. Hillsboro Garden TractsOregon Supreme Court · 1915