Bogard v. Barhan
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Z. T. Bogard against A. Barhan and C. Barhan to enforce the specific performance of a contract, of which the following is a copy, to-wit: “Woodburn, Ore., June 16, 1906. “This agreement made this date between A. Barhan, party of the first part, and Z. T. Bogard, party of the second part, witnesseth: That the party of the first part agrees to transfer to the party of the second part…
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Z. T. Bogard against A. Barhan and C. Barhan to enforce the specific performance of a contract, of which the following is a copy, to-wit: “Woodburn, Ore., June 16, 1906. “This agreement made this date between A. Barhan, party of the first part, and Z. T. Bogard, party of the second part, witnesseth: That the party of the first part agrees to transfer to the party of the second part the following described property: The brick store building occupied by Beebe & Whitman located in Woodburn, Marion…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
In the former opinion in this cause it was determined that the description set forth in the contract, if properly delineated in the complaint, was sufficient to authorize the admission of parol testimony to identify the premises. Bogard v. Barhan, 52 Or. 121 (96 Pac. 673.) From a reexamination of the question so involved, we are satisfied that the conclusion correctly states the law applicable thereto. Burns v. Witter, 108 Pac. 129.. 1. Several objections are now urged against the sufficiency of the contract that were not entertained at the prior trial. These…
2Cases cited3 opinions
- Bogard v. BarhanOregon Supreme Court · 1908
- Cravens v. RossiterSupreme Court of Missouri · 1893
- Burns v. WitterOregon Supreme Court · 1910
3Cited by10 opinions
- State v. HydeOregon Supreme Court · 1918
- Lancaster v. MAY, AS ADMINISTRATOROregon Supreme Court · 1952
- Kallstrom v. O'CALLAGHANOregon Supreme Court · 1971
- First National Bank v. McCrearyOregon Supreme Court · 1913
- Weiss v. GirtzDistrict Court, D. Alaska · 1922
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