75 P. 884 | Or. | 1904
delivered the opinion of the court.
This is an appeal from an order overruling a motion to set aside a decree and to quash a return on a summons. The plaintiff is an Oregon corporation,-with its principal office at Albany, and the defendant is a Minnesota corporation. On June 11, 1902, S. F. Cook obtained from the plaintiff and the Oregon Agricultural Company an option in the name of F. A. Brown for the purchase of about 55,000 acres of land in Benton, Polk, and Lincoln counties at the rate of $1.75 an acre. By the terms of the agreement Brown was to pay $1,000 cash and $5,000 within 60 days, upon the payment of which the land was to be deeded to him, the grantors taking notes for the deferred payments, secured by a mortgage on the property. On July 3d Brown assigned his option to George H. Selover, of Minneapolis, Minnesota, and on July 28th Selover and S. H. Bates, of Minnesota, and Cook organized the .defend
Mr. Stone, the president of the plaintiff, Mr. Hogan, its secretary, Mr. Davis, one of its directors, and Mr. Weathford, its attorney, say that Selover, Bates, and Cook were all present and participated in the negotiations for the sale of the land by the plaintiff to the defendant; that it was then stated and represented by them that Cook was to be the general manager of the defendant in Oregon, and to have charge of and sell its land. Mr. Stone says that there
This conclusion is supported by the fact that about a month before the commencement of the suit Selover, the president of the company, was advised by Mr. Weatherford that he had been instructed to commence foreclosure proceedings, and would proceed to do so at once, unless the defendant would accept certain propositions for settlement made by the plaintiff, which it refused; that about the time the suit was commenced, Bates, the secretary and treasurer of the defendant, came from Minnesota to Oregon as its representative for the purpose of adjusting its affairs with the plaintiff. He arrived in Albany about the 11th of March—the day on which the suit was commenced and the summons was served—and remained until the last of the month or the first of April. During that time he frequently called upon and had numerous interviews with the attorney and the officers of the plaintiff company, and was informed by them and knew that the suit had been commenced, that service had been made upon Cook as the agent of the defendant, and was advised before he left Albany that a decree of foreclosure had been rendered, based on such service. He never at any time stated or intimated to the officers or agents of plaintiff or its attorney that Cook was not the agent or representative of the defendant. On the contrary, after the rendition of the decree, and after he had knowledge of that fact, he entered into negotiations with the plaintiff for a settlement, and obtained from it an agreement to delay execution on the decree in order to give the defendant time to consider a proposition of settlement made by plaintiff, or to dispose of the land and pay the judgment. Mr. Bates admits that he was in Albany during the dates referred to, and that he had conferences with the officers and attorney of the plaintiff, and he knew that the suit had been commenced; but denies
The decree of the court below will be affirmed, and it is so ordered. Affirmed.