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Oregon Supreme Court, 1894

Hamblin Real Estate Co. v. City of Astoria

Hamblin Real Estate Co. v. City of Astoria
Oregon Supreme Court · Decided July 23, 1894
26 Or. 599; 40 P. 230; 1894 Ore. LEXIS 131
Hamblin Real Estate Co. v. City of Astoria

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Opinion of the Court

Per Curiam.

The facts in this case are the same as in the case of Welch v. City of Astoria, ante, p. 89, 37 Pac. *60066, decided July fifth, eighteen hundred and ninety-four, with the exception that the complaint not only contains an allegation of tender, but also that it was kept good by bringing and depositing the amount thereof in court for the defendant, and hence within the principle announced in the Welch case, the complaint states a cause of suit. The decree must therefore be reversed and the cause remanded for. trial. Reversed.

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