Lockhart v. Ferrey
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. This is a suit by Herbert Lockhart, as vendee, to enforce specific performance of a contract between him and Emerson E. Ferrey, George W. Ferrey, and Hiram C. Wright, as vendors, providing for the sale to plaintiff of certain real property in Coos County.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. This is a suit by Herbert Lockhart, as vendee, to enforce specific performance of a contract between him and Emerson E. Ferrey, George W. Ferrey, and Hiram C. Wright, as vendors, providing for the sale to plaintiff of certain real property in Coos County. The contract was in writing, signed and sealed by both parties, the vendors being described as parties of the first part, and the vendee as party of the second part. The contract stipulates “that the first parties, for the consideration of the sum of one dollar to them…
1Opinion of the CourtJustice Burnett
1. It will be observed that, while the covenant by the vendors to convey and the covenant by the plaintiff to pay the purchase price are as usual dependent covenants, they are not concurrent, for the contract provides that payment shall be made within a reasonable time after the deposit of the deed. The plaintiff was entitled not only to a conveyance from the vendors in which the wives of the married vendors should join, but he was also entitled to an abstract showing a marketable title to be in the vendors at the time the conveyance was made.
2. A marketable title means one appearing to be…
2Cases cited14 opinions
- Eppstein v. KuhnIllinois Supreme Court · 1906
- Melin v. WoolleySupreme Court of Minnesota · 1908
- Thompson v. HawleyOregon Supreme Court · 1888
- Morris & Essex Railroad v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
- Collins v. DelashmuttOregon Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whitney Co. v. SmithOregon Supreme Court · 1912
- Hill v. American Land & Livestock Co.Oregon Supreme Court · 1916
- Vandeventer v. Dale Construction CompanyOregon Supreme Court · 1975
- Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926
- Schreiber v. KarpowOregon Supreme Court · 1981
11 more not listed; retrieve them via the Exa API.