Kukatli v. Jackson
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Statement by Mr. Chief Justice Eakin. On July 27, 1908, defendant, J. W. Jackson, entered into an agreement with plaintiff, E. I. Kuratli, whereby he sold and agreed to convey to him certain real property known as the “Chenette Row Buildings,” in Hillsboro, Oregon, for $3,000, upon which purchase price plaintiff paid $20, and defendant executed to him his receipt therefor in the following words: “Hillsboro, Oregon, July 27, 1908.…
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From Washington: James U. Campbell, Judge. Statement by Mr. Chief Justice Eakin. On July 27, 1908, defendant, J. W. Jackson, entered into an agreement with plaintiff, E. I. Kuratli, whereby he sold and agreed to convey to him certain real property known as the “Chenette Row Buildings,” in Hillsboro, Oregon, for $3,000, upon which purchase price plaintiff paid $20, and defendant executed to him his receipt therefor in the following words: “Hillsboro, Oregon, July 27, 1908. “Received of E. I. Kuratli, twenty and no-100 dollars in part payment on property known as the Chenette Row Buildings on…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
Assuming, without deciding, that the receipt given by Jackson was such a memorandum of the agreement as fulfills the requirements of the statute of frauds, the important question is whether plaintiff is entitled to the specific performance of it in this suit, under the facts disclosed. The court adjudged the value of Lucinda C. Jackson’s interest to be $160, and that Maria Jackson’s interest to be of the possible value of $1,420; and also *206adjudged that plaintiff is the owner of the land in fee, and provided that, if Lucinda C. Jackson and Maria Jackson refuse…
2Cases cited12 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Graybill v. BrughSupreme Court of Virginia · 1893
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Trotter v. LewisCourt of Appeals of Maryland · 1946
- Belleville v. DavisOregon Supreme Court · 1972
- Woolsey v. DraperOregon Supreme Court · 1921
- Fisher v. MillerSupreme Court of Florida · 1926
- Solomon v. ShewitzMichigan Supreme Court · 1915
12 more not listed; retrieve them via the Exa API.