Cornely v. Campbell
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. Department 2. This is an action brought by the plaintiff to recover the value of certain land in Marion County, Oregon, turned in to the defendant by him, as a part payment upon a certain other tract of land situated in Polk County, Oregon, which he was purchasing from the defendant. The provisions of the contract, which are material upon this appeal, are as follows: “This Agreement, made this 11th day of Feb. 1911, between H. Gr.
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From Marion: Percy E. Kelly, Judge. Department 2. This is an action brought by the plaintiff to recover the value of certain land in Marion County, Oregon, turned in to the defendant by him, as a part payment upon a certain other tract of land situated in Polk County, Oregon, which he was purchasing from the defendant. The provisions of the contract, which are material upon this appeal, are as follows: “This Agreement, made this 11th day of Feb. 1911, between H. Gr. Campbell of the county of Polk, State of Oregon, party of the first part, and Joseph A. Cornely, of the second part, witnesseth;…
1Opinion of the CourtBennett, J.
The case, as submitted to the jury, seems to have turned upon the question of whether the contract was terminated by a mutual agreement to rescind, upon the one hand, or by a rightful declaration of forfeiture, for nonfulfillment by the purchaser upon the other.
1. It seems to have been assumed by the court below that if the contract was rescinded by mutual arrange*352ment and consent, without any agreement for forfeiture or by the 'wrongful act of the defendant, acquiesced in by the plaintiff, the parties were entitled to be placed in statu quo, and that the plaintiff would then be entitled to…
2Cases cited10 opinions
- Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
- Graham v. MerchantOregon Supreme Court · 1903
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Johnson v. UnderwoodOregon Supreme Court · 1922
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- Blondell v. BeamOregon Supreme Court · 1966
- Swick v. MUELLER ET UX.Oregon Supreme Court · 1951
- Mohr v. LearOregon Supreme Court · 1964
23 more not listed; retrieve them via the Exa API.