Higgins v. Seaman
Oregon Supreme Court
From Curry: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. This is an action by L. G. Higgins and J. E. Higgins, by L. G. Higgins, his Guardian, and L. L. Higgins, by his Guardian, L. C. Higgins against Norman G. Seaman and N. W. Rountree regarding the sale of certain mining claims.
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From Curry: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. This is an action by L. G. Higgins and J. E. Higgins, by L. G. Higgins, his Guardian, and L. L. Higgins, by his Guardian, L. C. Higgins against Norman G. Seaman and N. W. Rountree regarding the sale of certain mining claims. The plaintiffs entered into a contract with the defendants for the sale to the latter of certain mining claims for an agreed price of $30,000, stipulating that the purchasers should have possession of the mines and work them until they could thereby raise the money to pay the purchase price. On May…
1Opinion of the CourtJustice Burnett
1. The record shows that at the time of filing the answer the defendants' counsel opened negotiations by correspondence with the attorney for the plaintiffs looking to a trial of the cause either before a referee who would take the testimony at some point more convenient than the distant county of Curry or a change of venue. The overtures were accepted favorably by the plaintiffs’ counsel, and the correspondence resulted in this letter *242from defendants’ counsel to plaintiffs’ attorney, under date of August 2, 1909:
“Your letter of July 31st is acknowledged. Myself and my client will be willing…
2Cited by4 opinions
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