Darling v. Miles
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Eakin. This is an action by Thomas Darling against S. A. Miles to recover damages suffered by reason of the fraudulent representation made by defendant in the sale of certain lots.
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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Eakin. This is an action by Thomas Darling against S. A. Miles to recover damages suffered by reason of the fraudulent representation made by defendant in the sale of certain lots. The complaint alleges that on “the 20th day of July, 1906, the defendant herein did, with intent to cheat and defraud the plaintiff, falsely and fraudulently represent to the plaintiff that he was the absolute owner in fee, free from incumbrance, of lots six (6) and seven (7) in block five (5), in Pleasant View addition, * * in the city of Portland, and…
1Opinion of the CourtJustice Eakin
1. Plaintiff contends that the findings of fact do not support the judgment, and to this we agree. Section 158, B. & C. Comp., provides that when an action is tried by the court, without the intervention of a jury, the decision shall state the facts found, and such decision shall be entered in the journal, and judgment entered thereon accordingly. The finding that “the sale was made without * * any fraudulent representations” only states a conclusion of law. To justify a conclusion to that effect it was necessary for the court to find whether or not defendant represented that he was the owner…
2Cases cited4 opinions
- Cawston v. SturgisOregon Supreme Court · 1896
- Beasley v. ShivelyOregon Supreme Court · 1891
- Henderson v. ReynoldsOregon Supreme Court · 1910
- Wright v. RampOregon Supreme Court · 1902
3Cited by18 opinions
- State v. CousanSupreme Court of Louisiana · 1996
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- Harrison v. BirrellOregon Supreme Court · 1911
- Shelby-Downard Asphalt Co. v. EnyartSupreme Court of Oklahoma · 1918
- State v. LanigCourt of Appeals of Oregon · 1998
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