Norton v. Van Voorst
| Citation | 231 P.2d 947,191 Or. 577 |
| Parties | NORTON et al. v. VAN VOORST et ux. |
| Decision Date | 23 May 1951 |
| Court | Supreme Court of Oregon |
Thomas C. Hartfiel, of Roseburg, argued the cause and filed a brief for appellants.
Carl M. Felker, of Roseburg, argued the cause for respondents. With him on the brief was Paul E. Geddes, of Roseburg.
Before BRAND, C. J., and ROSSMAN, LUSK, LATOURETTE and WARNER, JJ.
This is a suit for specific performance of a contract for the sale of land brought by the assignees of the vendees against the vendors. The trial court decreed specific performance and the vendors appeal.
Following is a copy of the contract:
'This agreement, Made and entered into this 19th day of March, 1945, by and between S. W. Van Voorst and Emma Van Voorst, husband and wife, Parties of the First Part, and Frank Cecil Samson and Verda Rae Samson, husband and wife, Parties of the Second Part,
'Witnesseth:
'That for and in consideration of the covenants and stipulations herein contained, and the payments to be made as hereinafter specified, the First Parties hereby agree to sell to the Second Parties, and the Second Parties agree to purchase from the First Parties, the following described real property, to-wit:
* * *
* * *
'In consideration wherefor, the Parties of the Second Part agree to pay the First Parties the sum of Three Thousand Eight Hundred Dollars ($3,800.00), to be paid as follows: The sum of Thirty Dollars ($30.00) on the execution of this agreement, the receipt whereof is hereby acknowledged, and the sum of Thirty Dollars ($30.00) on the 19th day of April, 1945, and on the 19th day of each and every month thereafter until said sum is fully paid.
'All deferred payments shall bear interest at the rate of five per cent (5%) per annum, and said installments so paid shall be credited, first, to the payment of the interest to date, and the balance credited upon the principal.
'The Parties of the Second Part, in consideration of the premises, further agree that they will regularly and seasonably pay all taxes and assessments which come due and payable during the life of this agreement.
'All improvements placed upon said premises shall remain and shall not be removed before final payment is made for said premises.
'The Parties of the Second Part, agree to keep the improvements on said premises insured in some reliable insurance company in the sum of $2500.00 Dollars, during the life of this agreement, with loss, if any, payable to the First Parties as their interests may appear.
'In case the Second Parties, their legal representatives or assigns, shall pay the several sums of money aforesaid punctually to First Parties, and shall strictly perform all and singular the agreements and stipulations aforesaid, according to the true intent and tenor thereof, then the First Parties hereby covenant and agree to make unto Frank Cecil Samson and Verda Rae Samson, husband and wife, their heirs or assigns, a good and sufficient deed of conveyance, covering said premises and conveying them in fee simple, free and clear of all encumbrances, excepting, however, the above mentioned taxes and assessments, and all liens and encumbrances created by said Second Parties or their assigns.
'In the event the Parties of the Second Part shall make default for a period of thirty (30) days in the payments aforesaid, or any of them, or any part thereof, after the same becomes due as hereinbefore specified, the time of payment being declared to be the essence of this agreement, this agreement shall thereupon cease and terminate, and all the right and interest hereby created or then existing in favor of the Second Parties, or derived under this agreement, shall at once entirely cease and determine, and the premises aforesaid shall revert and revest in the Parties of the First Part without any other act by the Parties of the First Part to be performed, and without any right of the Second Parties of reclamation or compensation for moneys paid or for improvements made, as absolutely and fully as if this agreement had never been made, all such payments in such event being stipulated between the parties hereto as having been paid as rental and as damages for the non-performance of this agreement by the Second Parties.
'In Witness Whereof, The Parties have hereunto set their hands the day and year first above written.
'/s/ S. W. Van Voorst
'/s/ Emma Van Voorst
'Parties of the First Part.
'/s/ Frank Cecil Samson
'/s/ Verda Rae Samson
'Parties of the Second Part.'
Coincident with the signing of the contract, the Samsons executed to Mr. Van Voorst a promissory note, a copy of which follows:
March 19, 1945.
'/s/ Frank Cecil Samson
'/s/ Verda Rae Samson'
Upon the execution of the contract, the Samsons moved onto the property and made the down payment of $30 and punctually paid to the vendors $30 per month, including the June 19, 1946, payment, but failed to pay the taxes or take out insurance on the property.
On or before the July 19th due date, the Samsons tendered to the defendants a $30 installment payment which was rejected by defendants and returned to the vendees with the notation that the contract was no longer in effect.
On July 22, 1946, the vendees assigned their interest in the contract to plaintiffs in the following form:
'For the value received I hear by sell and assign all my rights titles and interests in the above said contract to Frank Joseph and Birdiena Hattie Norton husband and wife for the sum of $300.00.
'Signed
'Verda Rae Samson
Frank Cecil Samson' Vendors brought an F. E. D. action on the 29th day of July, 1946, in the justice court against the assignees to gain possession of the premises. Issue was joined, a trial was had, and the vendors prevailed. However, the assignees, in their answer to the...
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...are to be construed liberally in favor of the party against whom such a forfeiture may be claimed. Cf. Norton et ux. v. Van Voorst et ux., 191 Or. 577, 584, 231 P.2d 947 (1951). In Stennick v. J. K. Lumber Co., 85 Or. 444, 476, 161 P. 97, 106, 166 P. 951 (1916), this court recognized that t......
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...355 P.2d 738 (1960), it does not apply to matters over which the original court did not have jurisdiction. Norton et ux. v. Van Voorst et ux., 191 Or. 577, 583, 231 P.2d 947 (1951); see also, Salitan et al. v. Dashney et al., 219 Or. 553, 558-59, 347 P.2d 974 (1959). Defendants' contention ......
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