Crossen v. Murphy
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is a suit by Edward E. Crossen against William Murphy, J. W. Stuchell, G. Henderson, and the Harrisburg Mercantile Company to rescind a contract for the sale and delivery of a quantity of merchandise.
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From Baker: Robert Eakin, Judge. This is a suit by Edward E. Crossen against William Murphy, J. W. Stuchell, G. Henderson, and the Harrisburg Mercantile Company to rescind a contract for the sale and delivery of a quantity of merchandise. The facts are that on December 24, 1895, plaintiff and defendant Murphy entered into an agreement by the terms of which they became equal partners in conducting a clothing and furnishing store at Baker City, Oregon; but, the business not proving profitable, they, on April 28, 1896, entered into separate coiitracts with the defendant, the Harrisburg…
1Opinion of the CourtChief Justice Moore
It is contended by counsel for defendants that they should be placed in statu,quo, as a condition precedent to the right to maintain a suit to rescind the contract, and that the complaint is fatally defective because it fails to allege a return or tender of the notes in question. A party to a contract, defrauded by the other party thereto, may avoid the terms of, and rescind, the agreement; but, if he elects to do so, he must annul it as a whole, for he cannot be permitted to treat it as valid in part and bad in some particulars: Perley v. Balch, 23 Pick. 283 (34 Am. Dec. 56); Hoffman v.…
2Cases cited16 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Frink v. ThomasOregon Supreme Court · 1891
- Higham v. HarrisIndiana Supreme Court · 1886
- Bell v. CampbellSupreme Court of Missouri · 1894
- Hoyt v. JaquesMassachusetts Supreme Judicial Court · 1880
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Moropoulos v. C. H. & O. B. Fuller Co.California Supreme Court · 1921
- Mervyn Investment Co. v. BiberCalifornia Supreme Court · 1921
- Seeck v. JakelOregon Supreme Court · 1914
- Vaughn v. SmithOregon Supreme Court · 1898
- Palmiter v. HackettOregon Supreme Court · 1919
17 more not listed; retrieve them via the Exa API.