Cantwell v. Barker
Oregon Supreme Court
From Gilliam: David R. Parker, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by David Cantwell against W. L. Barker and Annie L. Barker, his wife, and H. C. Strickland.
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From Gilliam: David R. Parker, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by David Cantwell against W. L. Barker and Annie L. Barker, his wife, and H. C. Strickland. The facts are as follows: On July 14, 1911, plaintiff commenced this suit against Barker and wife to compel specific performance of a contract of sale of certain town lots, alleging that in October, 1907, defendants, by a verbal contract, sold to plaintiff lots 5 and 6, in block 30, of Condon and Cornish’s addition to Condon, Oregon, for the agreed price of $800; that, immediately upon the purchase, plaintiff…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
The first question for consideration arises on the demurrer, namely: Are the facts set up in the supplemental complaint an attempt to join a suit to remove a cloud with a cause for specific performance of a contract of purchase?
1. The prayer of the supplemental complaint is somewhat misleading; but the allegations are sufficient to bring Strickland into the suit as a party in privity of title with defendant Barker.
2. Whatever title Strickland obtained through his judgment, he is successor in interest to Barker, and plaintiff’s right to specific performance…
2Cases cited7 opinions
- May v. EmersonOregon Supreme Court · 1908
- Simpkins v. WindsorOregon Supreme Court · 1891
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Jennings v. LentzOregon Supreme Court · 1908
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Walker v. MACKEYOregon Supreme Court · 1952
- State v. HydeOregon Supreme Court · 1918
- Hayward v. MORRISON ET UX.Oregon Supreme Court · 1952
- Smith v. Portland Federal Savings & Loan Ass'nOregon Supreme Court · 1956
- Vandeventer v. Dale Construction CompanyOregon Supreme Court · 1975
6 more not listed; retrieve them via the Exa API.