The daily journal. (Salem, Or.) 1899-1903, 1902-12-12
WOODBURY.
CASE
DECIDED
Some Notes Held EtO Be In
valid
Suit Has a Bearing on zeal
Estate Deals

r.fze Boise rezlsred a 1ecls-o1 i9r
ne sufsa1art tbs morning il The caae
~ p. r. Kearaty vs. w. J. Ricca,
ns4zs Tha ls a. important case.
ance lt rs.ases 70 real estate traat-
aet.grs a11 trsats with what Is rec
esearv ts co-stt1te a.r-ing sale
Ths actioa wss originally broEght
b. Kernady 20 recover frD1 Ricza-
abageh me s1z q 315o3 On ne pay
ehase price % a farm near Woc15lru-
fkat vas alleged 70 have been cod ne
defendant for tse s1z - So. IRE hal-
aa1a q ne sroant n1t being DE for
Eve years. To this proceeding Rlcka
naugh Sled a crcss-hiI iz eguity. a.
lerlnE frsut o. the part q the pan
az. ard asking for a decree q the
courr for tha carcelatiC1 % the rotes
az6 ths setting aside o. the co1trsct,
beczuse . the fail1rs On the par- q
EsEEady % coupiy with TIE terms and
cozfitio-i expressed 10 the c0ztrsct
TIE facts in the case are these.
La, O-toter RicEaba1Eh and u.fs
arrived il the W'illanetts valley o. an
eIcursiol from Kansss. and stopped
% ln Woodb1ru for q day WaiIe
there they net Ke11a1y ra9 drove
them into the c0lntry. an showed
them a farm. sIt1 uhich they uere
pieased ard le,ides tD p1-chass. the
Considerable o. 5000 therefor being
agreed 1pou HSkabaIzh Hss obliged
% leave ire foloui1z dag Ior tEe East
aId e vas arranged that the purchaser I
sholI execute and leave t1e notes Tor .
the payment ~ the rlrriaes price u .
vas further agreed thar Kauuady
should Drrrarp an abstract and .
cause an accurate t-e,rrtr1 0f .
The property which vas repre-. .
Eented a. 10 acres. inserted in the .
bond for a deed. @llch vas tl ua f0r.
Earded tO RcFahaugh a. soar a. the
survey 0f The farm had been made.
Before leaving for Kansas RlcEaba1gh
employed a man % look after the prop.
erty in bis absence Subsequently the
bond was forwarded to RicfaJargh.
Who discovered that tho description
showed the tract o. contain about 90
acres iess than bad been represented
20 him BE refused 10 accept the bond
80 that form. and notified Ksnnady
that he would accept the farm any
way u a reduction in price was made
for the number ~ acres that ths farm
ga not contain. This OFFER vas Pc.
fuEof by Kennafy and the cas-, was
brought into court
On pfss.ng on me ease judge Boise
holds that the notes cannot bp cousld-
cred obligatory. since the holder ~
the same has not compiled with the
conditions Of the contract under which
The alleged sale took place because be
failed 10 insert in the bond a proper
and correct description oi the proper
ty. The court holds that there vas
no possession of premises on the part
NJ Rickabaugh. and recltes that the
engaging o. a man 20 temporarily look
after property interests does not con
stitute possession. nor does the act "a
tend any farther than the extent 10
which such an agent Is appointed.
which in the case under consideration
vas merely ID See that no injury wan
done the property in the absence of
ihe prospective owner. In no way.
holds the court, does the employing Of
an agent 30 such a capacity make pos
.Ible the altering Of any contract in
any respect by such agent Any alter
alton in the terms and conditions of
an instrument OF this character must
be- made by the person subscribing %
he Instrument By the decision of
NE court, Kennady is directed % can.
rel and deliver up the notes. and the
'ontact is held 10 be invalid and
worthless. In this case Kaiser a Stat.
'r appeared for Rickahaurh and G.. q. ,
bingham conducted the suit in the On.
crest of Mr. Kcnnady.