Legal Opinion

Jaeger v. Harr

Oregon Supreme Court

Decided April 30, 1912PublishedCited by 3 opinions

From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Eakin. This is an action by J. P. Jaeger against Adolph W. Harr to recover $300, the amount of a partial payment made by plaintiff to defendant on the purchase of lot 17, in block 277, of Couch’s addition to the city of Portland, Oregon.

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From Multnomah: John B. Cleland, Judge. Statement by Mr. Chief Justice Eakin. This is an action by J. P. Jaeger against Adolph W. Harr to recover $300, the amount of a partial payment made by plaintiff to defendant on the purchase of lot 17, in block 277, of Couch’s addition to the city of Portland, Oregon. The contract of purchase contains a clause that defendant agrees to furnish to plaintiff “an abstract of title, prepared by a reputable abstract company of the city of Portland, showing said property to be free and clear of all clouds and incumbrances,” in default of which the amount paid…

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

The map of the Couch addition contains no survey of the ground, nor designation of any initial point, nor discloses its location with reference to any known corner or public monument. Adjacent to the southeast corner of the plat is an uneven line, marked “Willamette River,” and the map is designated as “Couch Addition to the city of Portland.” There is no other indication upon its face showing where it is located, when it was made, where it was recorded, or who was the owner of the ground. Evidently, at the time the map was made, John H. Couch executed an…

2Cases cited2 opinions

  1. Hollifield v. LandrumCourt of Appeals of Texas · 1903
  2. Heinsen v. LambIllinois Supreme Court · 1886

3Cited by3 opinions

  1. Cunningham v. FriendlyOregon Supreme Court · 1914
  2. Burggraf v. BrochaOregon Supreme Court · 1915
  3. White v. ProebstelOregon Supreme Court · 1913

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