Knott v. James B.
Oregon Supreme Court
Appeal from Multnomah County. On the 10th day of March, 1866, the defendant, James B. Stephens, contracted with Joseph Long and "William Poster to sell them' block No. 23, in the city of East Portland, for the agreed price of six hundred dollars in coin, of which sum one hundred dollars was then paid; and said Long and Poster executed and delivered to said Stephens their joint and several promissory note for the payment of the remaining five hundred dollars two years after…
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Appeal from Multnomah County. On the 10th day of March, 1866, the defendant, James B. Stephens, contracted with Joseph Long and "William Poster to sell them' block No. 23, in the city of East Portland, for the agreed price of six hundred dollars in coin, of which sum one hundred dollars was then paid; and said Long and Poster executed and delivered to said Stephens their joint and several promissory note for the payment of the remaining five hundred dollars two years after date, with interest at one per cent, per month. On the same day (March 10, 1866), James B. and his wife, Elizabeth…
1Opinion of the Court
*238By the Court,
Bonham, C. J.:
The determination of this cause involves the consideration of the following principal questions:
1. Is the decree of the Circuit Court, rendered February >13, 1871, in favor of the defendants and against the plaintiff, dismissing his bill, conclusive of this suit, by placing, the subject-matter thereof res judicata?
2. In bonds or agreements for the conveyance at a future time of real estate, when is time material, or of the essence of the contract?
3. When, by the terms of a bond, time is not made of the gssence of the contract, how can it be made so by the subsequent…
2Cases cited3 opinions
- Quinn v. RoathSupreme Court of Connecticut · 1870
- Buel v. StreetCourt for the Trial of Impeachments and Correction of Errors · 1812
- Gouldin v. BuckelewCalifornia Supreme Court · 1854
3Cited by19 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Vaughn v. SmithOregon Supreme Court · 1898
- Abercrombie v. StoddardIdaho Supreme Court · 1924
- Coles v. MeskimenOregon Supreme Court · 1906
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