Guillaume v. K. S. D. Land Co.
Oregon Supreme Court
From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a suit by L. F. Guillaume against the K. S. D. Fruit Land Company to enforce the specific performance of a contract to convey real property.
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From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a suit by L. F. Guillaume against the K. S. D. Fruit Land Company to enforce the specific performance of a contract to convey real property. The complaint alleges, in effect, (1) that at all times mentioned therein the defendant was and now is a private corporation; (2) that, being the owner in fee of a large body of land in township 19 south, range 47 east of the Willamette Méridian, the defendant caused it to be surveyed into blocks of 40 acres each, which “were duly numbered and designated on an official map…
1Opinion of the CourtJustice Moore
1. An examination of the transcript shows that the court’s findings in respect to the alleged tender of the remainder of the purchase price of the block and the withdrawal of the certificate of deposit are fully supported by the testimony. Unless by some act of the defendant the plaintiff was relieved from the necessity of tendering the remainder of the purchase price, his failure to permit the certificate of deposit to remain with the clerk of the court, assuming it was sufficient for that purpose, must defeat his right to the relief sought.
2. The testimony deseloses that, prior to the…
2Cases cited12 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
- Ray v. PeaseSupreme Court of Georgia · 1894
- Johnstone v. ScottMichigan Supreme Court · 1863
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
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3Cited by17 opinions
- Higgins v. Insurance Company of North AmericaOregon Supreme Court · 1970
- Woods v. WikstromOregon Supreme Court · 1913
- Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
- West v. Washington Railway Co.Oregon Supreme Court · 1907
- Davidson v. WyattOregon Supreme Court · 1980
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