laid down rule (Oregon) · Go Syfert
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laid down rule in Oregon

8 Oregon opinions name it 1 courts 1912–1963 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Marks v. Twohy Bros.green
or · 1921 · cited in 1 Oregon opinions naming this issue, 1938–1938
2 sentences

1938Co., 98 Or. 514, 527 ( 194 P. 675 ), this court laid down the rule as follows: “It is a well-established rule of the common law, which has been embodied in the statutes of a number of the states, including Oregon, that when any grant or other disposition of property, or any contract, agreement, or undertaking has been reduced to writing, and is evidenced by a document, such document cannot be contradicted, altered, added to, or varied by parol or extrinsic evidence.

1938Co., 98 Or. 514, 527 ( 194 P. 675 ), this court laid down the rule as follows: “It is a well-established rule of the common law, which has been embodied in the statutes of a number of the states, including Oregon, that when any grant or other disposition of property, or any contract, agreement, or undertaking has been reduced to writing, and is evidenced by a document, such document cannot be contradicted, altered, added to, or varied by parol or extrinsic evidence.

11
Herring-Marvin Co. v. Smithgreen
or · 1903 · cited in 1 Oregon opinions naming this issue, 1918–1918
2 sentences

1918In the case of Herring-Marvin Co. v. Smith, 43 Or. 315, 331 ( 72 Pac. 704, 706 ), this court laid down the rule that: “Where a party has agreed to purchase and pay for the property, and has or is entitled to possession until default, the seller may have choice of one of four distinct remedies, among which he may waive a return of the property, treat the contract as executed on his part, and recover from the buyer the agreed price.’ This case was cited and approved in McDaniel v. Chiaramonte, 61 Or. 403 ( 122 Pac. 33 ).

1918In the case of Herring-Marvin Co. v. Smith, 43 Or. 315, 331 ( 72 Pac. 704, 706 ), this court laid down the rule that: “Where a party has agreed to purchase and pay for the property, and has or is entitled to possession until default, the seller may have choice of one of four distinct remedies, among which he may waive a return of the property, treat the contract as executed on his part, and recover from the buyer the agreed price.’ This case was cited and approved in McDaniel v. Chiaramonte, 61 Or. 403 ( 122 Pac. 33 ).

11
Scott v. Waltongreen
or · 1898 · cited in 1 Oregon opinions naming this issue, 1912–1912
2 sentences

1912In Scott v. Walton, 32 Or. 460, 464 ( 52 Pac. 180, 181 ), this court laid down the rule, in the opinion by Mr. Justice Bean, as follows: “A party who has been induced to enter into a contract by fraud has, upon its discovery, an election of remedies.

1912In Scott v. Walton, 32 Or. 460, 464 ( 52 Pac. 180, 181 ), this court laid down the rule, in the opinion by Mr. Justice Bean, as follows: “A party who has been induced to enter into a contract by fraud has, upon its discovery, an election of remedies.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Tenny v. Mulvaney green
or · 1880
2 sentences

1963Tenny v. Mulvaney, 8 Or 513 .

1963Tenny v. Mulvaney, 8 Or 513 .

11963–1963
Southwell v. Beezley green
or · 1875
1 sentence

1929A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ” See the early case of Southwell v. Beezley, 5 Or. 458, 460 , where this court laid down the rule that ‘ ‘ a cause should be submitted to the jury, unless there is an entire lack of evidence to establish the issues on the part of the plaintiff.” See, also, Grant v. Baker, 12 Or. 329 ( 7 P. 318 ), where it was held that, in order to take a case from the jury, “it would have to be a case where there was a total failure of proof of some material allegation of the complaint.” To like

11929–1929
Grant v. Baker green
or · 1885
2 sentences

1929A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ” See the early case of Southwell v. Beezley, 5 Or. 458, 460 , where this court laid down the rule that ‘ ‘ a cause should be submitted to the jury, unless there is an entire lack of evidence to establish the issues on the part of the plaintiff.” See, also, Grant v. Baker, 12 Or. 329 ( 7 P. 318 ), where it was held that, in order to take a case from the jury, “it would have to be a case where there was a total failure of proof of some material allegation of the complaint.” To like

1929A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ” See the early case of Southwell v. Beezley, 5 Or. 458, 460 , where this court laid down the rule that ‘ ‘ a cause should be submitted to the jury, unless there is an entire lack of evidence to establish the issues on the part of the plaintiff.” See, also, Grant v. Baker, 12 Or. 329 ( 7 P. 318 ), where it was held that, in order to take a case from the jury, “it would have to be a case where there was a total failure of proof of some material allegation of the complaint.” To like

11929–1929
Salomon v. Cress green
or · 1892
2 sentences

1929In the case of Salomon v. Cress, 22 Or. 177 ( 29 P. 439 ), our court, in commenting upon the treatment of a motion to take a case from the jury, said: “In passing upon this question, we only examine the record far enough to ascertain whether or not there was some evidence on each material issue.

1929In the case of Salomon v. Cress, 22 Or. 177 ( 29 P. 439 ), our court, in commenting upon the treatment of a motion to take a case from the jury, said: “In passing upon this question, we only examine the record far enough to ascertain whether or not there was some evidence on each material issue.

11929–1929
Morgan's Estate green
or · 1904
2 sentences

1929A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ” See the early case of Southwell v. Beezley, 5 Or. 458, 460 , where this court laid down the rule that ‘ ‘ a cause should be submitted to the jury, unless there is an entire lack of evidence to establish the issues on the part of the plaintiff.” See, also, Grant v. Baker, 12 Or. 329 ( 7 P. 318 ), where it was held that, in order to take a case from the jury, “it would have to be a case where there was a total failure of proof of some material allegation of the complaint.” To like

1929A motion for a directed verdict presents the same question for decision as does a motion for judgment of nonsuit. ” See the early case of Southwell v. Beezley, 5 Or. 458, 460 , where this court laid down the rule that ‘ ‘ a cause should be submitted to the jury, unless there is an entire lack of evidence to establish the issues on the part of the plaintiff.” See, also, Grant v. Baker, 12 Or. 329 ( 7 P. 318 ), where it was held that, in order to take a case from the jury, “it would have to be a case where there was a total failure of proof of some material allegation of the complaint.” To like

11929–1929
Caviness v. City of Vale green
or · 1917
2 sentences

1921Section 129 of the charter of the City of Astoria is applicable and lawfully includes claims arising ex delicto, and does not conflict with the doctrine of this court laid down in Caviness v. City of Vale, 86 Or. 554 ( 169 Pac. 95 ); Colby v. City of Portland, 89 Or. 566 ( 174 Pac. 1159 , 3 A. L.

1921Section 129 of the charter of the City of Astoria is applicable and lawfully includes claims arising ex delicto, and does not conflict with the doctrine of this court laid down in Caviness v. City of Vale, 86 Or. 554 ( 169 Pac. 95 ); Colby v. City of Portland, 89 Or. 566 ( 174 Pac. 1159 , 3 A. L.

11921–1921
Colby v. City of Portland green
or · 1918
2 sentences

1921Section 129 of the charter of the City of Astoria is applicable and lawfully includes claims arising ex delicto, and does not conflict with the doctrine of this court laid down in Caviness v. City of Vale, 86 Or. 554 ( 169 Pac. 95 ); Colby v. City of Portland, 89 Or. 566 ( 174 Pac. 1159 , 3 A. L.

1921Section 129 of the charter of the City of Astoria is applicable and lawfully includes claims arising ex delicto, and does not conflict with the doctrine of this court laid down in Caviness v. City of Vale, 86 Or. 554 ( 169 Pac. 95 ); Colby v. City of Portland, 89 Or. 566 ( 174 Pac. 1159 , 3 A. L.

11921–1921
West v. Marion County neutral
or · 1920
2 sentences

1921R. 819); West v. Marion County, 95 Or. 529 ( 188 Pac. 184 ).

1921R. 819); West v. Marion County, 95 Or. 529 ( 188 Pac. 184 ).

11921–1921
McDaniel v. Chiaramonte green
or · 1912
1 sentence

1918In the case of Herring-Marvin Co. v. Smith, 43 Or. 315, 331 ( 72 Pac. 704, 706 ), this court laid down the rule that: “Where a party has agreed to purchase and pay for the property, and has or is entitled to possession until default, the seller may have choice of one of four distinct remedies, among which he may waive a return of the property, treat the contract as executed on his part, and recover from the buyer the agreed price.’ This case was cited and approved in McDaniel v. Chiaramonte, 61 Or. 403 ( 122 Pac. 33 ).

11918–1918
Beckley v. Beckley green
or · 1892
2 sentences

1917In Beckley v. Beckley, 23 Or. 226 ( 31 Pac. 470 ), speaking by Mr. Justice Moobe, this court laid down the rule thus: “To entitle one to a decree of divorce for cruel and inhuman treatment, the injured party must come into a court of equity free from the suspicion that he has contributed to the injury of which he complains.

1917In Beckley v. Beckley, 23 Or. 226 ( 31 Pac. 470 ), speaking by Mr. Justice Moobe, this court laid down the rule thus: “To entitle one to a decree of divorce for cruel and inhuman treatment, the injured party must come into a court of equity free from the suspicion that he has contributed to the injury of which he complains.

11917–1917
Farmers' Bank v. Saling green
or · 1898
1 sentence

1912We think that the learned judge who tried this case was, in the haste incident to the trial, misled by some expressions used in the opinion of this court in the case of Farmers’ Bank v. Saling, 33 Or. 396 ( 54 Pac. 190 ).

11912–1912
Morback v. Young neutral
or · 1908
2 sentences

1912In Morback v. Young, 51 Or. 128 ( 94 Pac. 35 ), this court laid down the rule to be applied in such cases as follows: “But as there was no partnership, and plaintiff had no contract with Young, it was necessary for her, in order to charge him with liability for the contract of Morback, to show, not only that Young was, by his consent, held out as a partner, but that she knew of such holding out at the time she rendered the services, and that she performed such work on the faith thereof.” Counsel for plaintiff very properly disclaim that there can be a recovery in this case on the theory that d

1912In Morback v. Young, 51 Or. 128 ( 94 Pac. 35 ), this court laid down the rule to be applied in such cases as follows: “But as there was no partnership, and plaintiff had no contract with Young, it was necessary for her, in order to charge him with liability for the contract of Morback, to show, not only that Young was, by his consent, held out as a partner, but that she knew of such holding out at the time she rendered the services, and that she performed such work on the faith thereof.” Counsel for plaintiff very properly disclaim that there can be a recovery in this case on the theory that d

11912–1912

Where else courts name it

OK 69 (1898–1980) NY 45 (1863–2006) IL 27 (1895–1982) TX 20 (1915–1982) WA 20 (1898–1970) CA 18 (1900–2000) WV 16 (1881–1994) LA 16 (1905–1985) KY 15 (1859–1980) FL 13 (1918–2004) NC 13 (1890–1929) MN 11 (1881–1964) AR 11 (1905–1963) IA 10 (1916–1992) ID 10 (1893–1958) TN 10 (1933–2006) GA 10 (1904–1967) AL 9 (1857–2004) MI 9 (1873–1935) OR 8 (1912–1963) MT 8 (1904–1958) MS 7 (1918–1964) SC 7 (1925–2025) ND 7 (1909–1950) AZ 7 (1948–1969) NJ 7 (1940–1994) KS 6 (1870–1965) WI 6 (1861–1930) NE 6 (1880–1953) PA 5 (1931–1980) IN 5 (1876–1992) OH 5 (1894–1941) MO 4 (1906–1980) VA 4 (1876–1951) SD 4 (1904–1957) CO 4 (1895–1924) ME 4 (1888–1965) MD 3 (1939–1979) DC 2 (1914–1958) HI 2 (1971–1976) CT 2 (1979–1979) VT 2 (1861–1887) AK 2 (1960–1969) DE 2 (1897–1948)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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