Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 22) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1892 Excerpt: ... CASES ARGUED AND DETERMINED IB THE SUPREME COURT or OREGON OCTOBER TERM, 1891. Filed February 1, 1892. CHAS. H. DODD v. THE HOME MUTUAL INSURANCE COMPANY. INSURANCE--SPECIFIC PERFORMANCE--RENEWAL OF POLICY--FAILURE OF Proof.--A complaint which seeks to enforce specific performance of a parol agreement for the delivery of a new policy of insurance, to ascertain the plaintiff's loss thereunder, and decree a recovery of the amount thereof, is not supported by testimony tending to show a renewal of a former policy. Equity Jurisdiction--Failure Of Equity--Remedy At Law.--The rule that equity having assumed jurisdiction of a case for one purpose, will retain it for all purposes and administer complete relief, does not apply where there is a failure of proof of plaintiff's equity, but he will be remitted to such remedy as he may have at law. On Rehearing. SuFPREfisiox Of Fact--Tjnfatr Contract.--The suppression or failure to disclose a material fact, although through ignorance of the fact, or without intent to deceive, may render a contract so hard, or unequal, or unfair, that a court of equity will refuse to enforce the same against the party thus misled. Multnomah county: L. B. Stearns, Judge. Defendant appeals. Reversed. Statement of the case. After aleging that the plaintiff is doing business under the name of C. H. Dodd & Co., and the defendant is a corporation, the complaint proceeds: "That on the twentyeighth day of May, 1889, the defendant issued to the plaintiff its policy of insurance, numbered 305,900, wherein and whereby it did insure the plaintiff against all direct loss or damage by fire to the amount of one thousand dollars upon his stock of merchandise, consisting principally of agricultural and other machinery, implements, vehicles, engines and bo...