Daily capital journal. (Salem, Oregon) 1903-1919, 1916-03-07
WEST STAYTON LAND
CASE is REVERSED
IN SUPREME COURT
Willamette Valley Irrigated
Land Co. Wins Out Over
MCGOWans

The supreme court today reversed the
rulings of Judge Galloway in the cir
cult court in the case of H. S. McGown
and Ida d. MeGown against the Will
lamette Valley Irrigated Land comp any
in an opinion written by Justice Bur
nett. This suit involves a realty trans.
action Of some orchard tracts near
StaytOn. This suit involves a realty
transaction of some orchard tracts near
StaytOn. The plaintiffs allege in their
complaint that they contracted for a
certain tract of land containing about
30 acres and were to pay $4,000 for it.
lhey claim the agents of the company
stated that the orchard tract was set to
young trees of which 60 per cent were
Rome Beauties, 20 per cent Ganos and
20 per cent Thompkins. The plaintiffs
further allege that the facts were that
the varieties of apples on the land were
equal proportions of Spitzenburgs and
Jonathans which later varieties were
not adapted to tae soil and would not
be as valuable as the former varieties.
The defendants answered that there
were two similar tracts of land for the
PLAINTIFFS to choose from and that they
selected the one with the Spitzenburgs
and Jonathans on it. The decree of the
circuit court was for the defendants
and McGowns appealed. Attorneys
Ernest r. Ringo and Alfred Todd rep
resented the appellants and John Car
son appeared for tne defendants and re-
spondents
The other opinions handed down were
as follows:
The MOlalla Electric company against
Irvine Wheeler and Jennie Wheeler. an.
pealed from Clackamas county, opinion
Of Circuit Judge j. U. Campbell affirm.
cd in opinion written by Chief Justice
Moore.
A. A. Larrabee and Jane Larrabee
appellants, VS.. Erik Biorkmn and
Frieda BjOrkman, respondents, a suit on
contract for sale of real property. an.
pealed from Multnomah county, ruling
of Circuit Judge Davis affirmed in
opinion written by Justice Burnett.
Esther z. Wettersten and Charles A
Johns as guardian, appellants, VS.. Susie
Fisher and Leonard Fisher respondents
appealed from MultnOmah county. an
action Of eiectment, opinion of Circuit
Judge Davis affirmed in opinion by
Justice Mcbride
Electa Helen Lyons, respondent, VS.
Charles j. Chaffee, appellant, appealed
from Hood River county, Circuit Judge
Bradshaw affirmed in opinion by just
ice Mcbride
City of Albany, respondent VS.. w. II
AIcGoldrick and the Title Guarantee &
Surety company, appellants, an action
to recover on a bond, appealed from
Linn county, Circuit Judge Kelly af
firmed in opinion by Justice Mcbride
Manoah A. Jenkins, appellant VS.
Carmen Manufacturing company, re
spondent, an action for personal in
iuries, appealed from Mutnomlh coun
ty, Circuit Judge McGinn affirmed il
opinion by Justice Mcbride.
Minnie Eyia Stadelman and others
respondents, VS. w. II. Miner, and Chas
WOrden, appellants, a suit to quiet title
appealed from Coos county opinion oi
Judge Coke affirmed by Justice Nc
Bride.
Harry G. Hoy, appellant, VS.. V. G
Gorst, respondent, an action in replevir
to recover a Ford, appealed from Cooi
county, opinion Of Circuit Judge Cox,
iafiirmed.
Luther 3. Hudson, appellant, versui
Brown Lumber company, respondent
appealed from Lane county, an actor
for damages, opinion of Circuit Judg,
Hamilton affirmed in opinion by Just
ice Benson.
Martin johnson and others, respond
ents, vs.. Josephine Paulson and others
4 suit to adjudicate claims, appealed
from Multnomah county, on motion tC
dismiss, in opinion by Justice Harrii
suit dismissed as to j. f. Shea.