Reports of Cases Argued and Determined in the Supreme Court of the State of Oregon, Volume 83Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Frank A. Turner, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Bellinger, Charles Byron West Publishing Company, 1917 - Law reports, digests, etc |
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Page 34
... plaintiff would pay them the deficiency in cash , though des- ignated therein a " guaranty " of sales , is not properly a guaranty ; it not containing a promise to answer for the debt , 34 [ 83 Or . NATIONAL SALES Co. v . MANCIET .
... plaintiff would pay them the deficiency in cash , though des- ignated therein a " guaranty " of sales , is not properly a guaranty ; it not containing a promise to answer for the debt , 34 [ 83 Or . NATIONAL SALES Co. v . MANCIET .
Page 35
... debt , default , or mis- carriage of another . [ As to the contract of guaranty , see note in 105 Am . St. Rep . 502. ] Principal and Surety Contract of " Suretyship . " 3. Provision of contract , by which plaintiff sells to defendant ...
... debt , default , or mis- carriage of another . [ As to the contract of guaranty , see note in 105 Am . St. Rep . 502. ] Principal and Surety Contract of " Suretyship . " 3. Provision of contract , by which plaintiff sells to defendant ...
Page 40
... debt , de- fault , or miscarriage of another . Nor did the agree- ment create a " suretyship " between the parties , for the obligation was not secondary and successive as dis- tinguished from a liability which is joint and equal ...
... debt , de- fault , or miscarriage of another . Nor did the agree- ment create a " suretyship " between the parties , for the obligation was not secondary and successive as dis- tinguished from a liability which is joint and equal ...
Page 52
... debts of the grantor was admissible . Deeds Consideration - Promise to Pay Debt , 3. A promise to pay debts of a grantor as consideration for a deed becomes absolute upon the execution of the instrument . Fraudulent Conveyances ...
... debts of the grantor was admissible . Deeds Consideration - Promise to Pay Debt , 3. A promise to pay debts of a grantor as consideration for a deed becomes absolute upon the execution of the instrument . Fraudulent Conveyances ...
Page 55
... debt of the vendor is a suffi- cient consideration : Meade v . Smith , 16 Conn . 346 ; Jenkins v . Peace , 46 N. C. 413 ; Shontz v . Brown , 27 Pac . 123 ; Stevens v . Hinckley , 43 Me . 440 ; Anderson v . Smith , 5 Blackf . ( Ind ...
... debt of the vendor is a suffi- cient consideration : Meade v . Smith , 16 Conn . 346 ; Jenkins v . Peace , 46 N. C. 413 ; Shontz v . Brown , 27 Pac . 123 ; Stevens v . Hinckley , 43 Me . 440 ; Anderson v . Smith , 5 Blackf . ( Ind ...
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acres action affirmed agreement alleged amount appeal attorney averment bank bond brief CHIEF JUSTICE MCBRIDE Circuit Court cited claim Columbia County complaint contract conveyance Coos County corporation County Court creditors Dan Savage debt decree deed defendant delivered the opinion demurrer election entitled equity escrow evidence execution fact February 13 fendant filed fraud granted grantor Healy Hecker insurance company interest issued judgment July 27 jurisdiction jury JUSTICE BEAN JUSTICE BENSON JUSTICE BURNETT JUSTICE MOORE land Laurelhurst liability lien lots mechanic's lien ment mortgage Multnomah Multnomah County oral argument Oregon owner paid party payment person plaintiff pleading Portland premises purchase price purpose question real property realty REHEARING DENIED Reibin reversed Section Sengstacken Spanton statement statute statute of frauds stockholders suit taxes testimony thereof tion tract Troutdale Trust ultra vires unpaid void votes Wasco County
Popular passages
Page 732 - A conviction cannot be had upon the testimony of an accomplice, unless he...
Page 671 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 42 - that the doctrine of ultra vires, when invoked for or against a corporation, should not .be allowed to prevail when it would defeat the ends of justice, or work a legal wrong," is misleading; and, if literally construed, would result in an enormous practical extension of the powers of corporations.
Page 71 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing...
Page 427 - When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; 4.
Page 261 - ... work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said contract and bond, upon which he or they shall have a right of action...
Page 43 - A contract ultra vires being unlawful and void, not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as...
Page 653 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Page 685 - I think that the court in said instruction properly instructed the jury as follows: "If you find from the evidence that prior to the accident the defendant Clifford F.
Page 708 - When jurisdiction is, by the constitution or this code, or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given ; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.