Flower v. Barnekoff
Oregon Supreme Court
Yamhill county: R. P. Boise, Judge. Plaintiff appeals. This is a suit in equity for a dissolution of a partnership and for an accounting. The complaint alleges that the contract of partnership was entered into between the plaintiff James Flower and the defendant F. Barnekoff on March 10, 1889, and that it had for its object the purchase on partnership account of an option upon certain lands of ope PI.
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Yamhill county: R. P. Boise, Judge. Plaintiff appeals. This is a suit in equity for a dissolution of a partnership and for an accounting. The complaint alleges that the contract of partnership was entered into between the plaintiff James Flower and the defendant F. Barnekoff on March 10, 1889, and that it had for its object the purchase on partnership account of an option upon certain lands of ope PI. A. Tucker, lying and adjacent to the town of McMinnville, Yam-hill county, Oregon. The purpose of the partnership so formed was, as soon as the privilege had been secured, to plat the land as an…
1Opinion of the CourtBean, J.
It is contended by respondent at the outset of this case that the agreement of the parties, if a contract of partnership, being for a partnership to deal in real estate, is void under the statute of frauds, because not in writing. This question has been much discussed by the courts, and there is considerable conflict in the adjudged cases. On the one hand, it is claimed that a parol agreement for a partnership to deal in lands would be within the statute which provides that “ no estate or interest in real property * * * can be created, transferred, or declared otherwise than by operation of…
2Cases cited21 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- King v. . BarnesNew York Court of Appeals · 1888
- Richards v. GrinnellSupreme Court of Iowa · 1884
- Berthold v. GoldsmithSupreme Court of the United States · 1861
- Coward v. ClantonCalifornia Supreme Court · 1889
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Lind v. WebberNevada Supreme Court · 1913
- Hayes v. KillingerOregon Supreme Court · 1963
- Botsford v. Van RiperNevada Supreme Court · 1910
- Willis v. CrawfordOregon Supreme Court · 1901
35 more not listed; retrieve them via the Exa API.