James v. Ward
Oregon Supreme Court
From Lane: John S. Coke, Judge. Department 2. On April 14, 1913, plaintiff, Frances E. James, acting through her husband, W. F. James, entered into a contract in writing with defendant, George D. Ward, by the terms of which defendant agreed to sell to the plaintiff a tract of land in Lane County, Oregon, consisting of about 640 acres, described in the complaint, for the sum of $18,000, of which $1,000 was paid in cash, and 240 acres of land in South Dakota at the agreed…
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From Lane: John S. Coke, Judge. Department 2. On April 14, 1913, plaintiff, Frances E. James, acting through her husband, W. F. James, entered into a contract in writing with defendant, George D. Ward, by the terms of which defendant agreed to sell to the plaintiff a tract of land in Lane County, Oregon, consisting of about 640 acres, described in the complaint, for the sum of $18,000, of which $1,000 was paid in cash, and 240 acres of land in South Dakota at the agreed price of $6,000 was taken in part payment therefor, making a total payment of $7,000 at the date of the contract, and the…
1Opinion of the CourtBean, J.
1. Plaintiff assigns error of the trial court in assuming jurisdiction of this cause in equity and refusing to relegate the parties to the court of law in foreclosing the contract. Error is also predicated in the allowance of $800 as attorneys’ fees. It is first urged by counsel for plaintiff that, “as the plaintiff instituted her action at law first the court erred in compelling her to submit to the jurisdiction of a court of equity.”
Section 390, L. O. L., as amended by General Laws of Oregon, 1917, page 126, which enacted a radical change in equity practice in this state, provides among…
2Cases cited2 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Ward v. JamesOregon Supreme Court · 1917
3Cited by16 opinions
- Reeves v. PortaOregon Supreme Court · 1943
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Cameron v. Edgemont Investment Co.Oregon Supreme Court · 1931
- Morrison v. Kandler Et UxOregon Supreme Court · 1958
- Simmons v. Washington Fidelity National Insurance Co.Oregon Supreme Court · 1931
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