Herndon v. Armstrong
Decision Date | 02 October 1934 |
Citation | 36 P.2d 184,148 Or. 602 |
Parties | R. L. HERNDON, Respondent, v. Stanley ARMSTRONG and Mabel F. Armstrong, his Wife, Appellants, and Evelyn G. Ramsay, also known as Mrs. J. L. Ramsay, Defendant and Respondent. |
Court | Oregon Supreme Court |
Appeal from Circuit Court, Umatilla County; Calvin L. Sweek, Judge.
Raley, Raley & Warner and John F. Kilkenny, all of Pendleton, and S.D. Peterson, of Milton, for the motion.
Don T Randall, of Freewater, and Homer I. Watts, of Athena opposed.
In this case, the respondent moves to dismiss the appeal upon the same grounds as in Winter v. Heyden (Or.) 36 P.2d 183, just decided. The facts are substantially the same in both cases and the same rules of law are controlling in both cases.
The motion to dismiss must, therefore, be denied, and the appellant will be permitted to substitute certified copies thereof in lieu of the original notice of appeal, undertaking on...
To continue reading
Request your trial-
Fullington v. M. Penn Phillips Co.
...(1963); James on Option Contracts, § 1104, p. 503 (1916).3 Texas Co. v. Butler et al., 198 Or. 368, 256 P.2d 259 (1953); Herndon v. Armstrong, 148 Or. 602, 36 P.2d 184, 38 P.2d 44 (1934); Strong et al. v. Moore et al., 105 Or. 12, 207 P. 179, 23 A.L.R. 1217 (1922); James on Option Contracts......
-
Aldrich v. Forbes
...purchaser is not obligated to purchase the property it has been held that only an option to purchase was created. Herndon v. Armstrong, 148 Or. 602, 36 P.2d 184, 38 P.2d 44 (1934); Strong v. Moore, 118 Or. 649, 245 P. 505 (1926); Scott v. Merrill's Estate, 74 Or. 568, 146 P. 99 (1915).3 Lea......
-
Killam v. Tenney
...acceptance of the offer there would emerge a valid bilateral contract which the courts will specifically enforce. Herndon v. Armstrong, 148 Or. 602, 608, 36 P.2d 184, 38 P.2d 44; Strong et al. v. Moore et al., 105 Or. 12, 21, 207 P. 179, 23 A.L.R. 1217; Sprague v. Schotte, 48 Or. 609, 611, ......
-
Lakeview Drilling Co. v. Stark
...theory. Neither did he have one as the holder of an option. Strong v. Moore, 105 Or. 12, 207 P. 179, 23 A.L.R. 1217; Herndon v. Armstrong, 148 Or. 602, 36 P.2d 184, 38 P.2d 44. His presence on the land was as a licensee. Kingsley v. Kressly, 60 Or. 167, 111 P. 385, 118 P. 678. He certainly ......