Hull v. Angus
Oregon Supreme Court
From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is a suit by William Hull, Kate W. Hull, Elmer W. Sweany and Esther M. Sweany against F. W. Angus and J. H. Ferguson.
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From Hood River: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is a suit by William Hull, Kate W. Hull, Elmer W. Sweany and Esther M. Sweany against F. W. Angus and J. H. Ferguson. The substance of the complaint in this suit is that, on November 21, 1907, the defendant Angus conveyed certain real property to the plaintiffs for the purchase price of $16,300. Of this $7,000 was paid in cash, and for $1,800 thereof the plaintiffs gave their note and mortgage securing the same, the validity of which is not now in dispute. For the remaining $7,500 they gave their note, in…
1Opinion of the CourtJustice Burnett
There are three questions presented by this record: First. Is the note in question negotiable, so as to prevent plaintiffs from urging its cancellation as against the defendant Ferguson; or,' in other words, is his title, to the note such as to render him immune against the-*101attacks made upon that title by the complaint? Second. Do the stipulations for the surrender and cancellation of the note and mortgage in question, as set forth in those instruments and the accompanying contract, constitute an agreement for liquidated damages or for a penalty? Third. Is the allegation of the complaint…
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