Royer v. Gailey

3 Citing cases

  1. Roadway Exp., Inc. v. Jossy

    853 F.2d 736 (9th Cir. 1988)   Cited 4 times

    The case law as it has developed in Oregon makes abundantly clear that considerably more is required in order to invoke the doctrine of partial performance. See, e.g., Royer v. Gailey, 252 Or. 369, 373-74, 449 P.2d 853, 855 (1969) (easement created where plaintiff cleared a ravine, excavated area, installed collection tiles, backfilled excavation with gravel, and installed catch basin); Luckey, 217 Or. at 634-35, 343 P.2d at 726 (easement created where, pursuant to oral agreement, plaintiff built, at his own expense, two concrete reservoirs, contributed to cost of adjoining pipe, paid sum of money to defendant, and agreed to place a portion of pipe over his land; in addition, benefit accrued to defendant by use of water system and monetary payments); Hayward, 194 Or. at 349-50, 241 P.2d at 894 (1952) (upholding agreement where plaintiff took possession of premises, made improvements thereon, and defendant received and accepted purchase price). Summarizing the requirements of partial performance, the Oregon Supreme Court has stated that

  2. Adamson v. Adamson

    273 Or. 382 (Or. 1975)   Cited 22 times

    The court further found that plaintiff and Brian, together with Inez Adamson, were "buyers" pursuant to the contract and were owners of an equitable interest in the fourplex; that Inez Adamson had conveyed her interest to defendant-intervenor. Where only interested witnesses are called to testify, where the testimony is conflicting and the evidence is in equipoise, the credibility of witnesses is decisive and we give considerable weight to the findings of the trial court even though we try the case de novo. Royer v. Gailey, 252 Or. 369, 375, 449 P.2d 853 (1969); Cole v. Fogel et al, 210 Or. 257, 261, 310 P.2d 315 (1957); Kramer v. Taylor et al and Trickel, 200 Or. 640, 647, 266 P.2d 709 (1954); Bogle v. Paulson, 185 Or. 211, 228, 201 P.2d 733 (1949); Kallstrom v. Kallstrom, 265 Or. 481, 485, 509 P.2d 1195 (1973). We have reviewed all of the testimony and exhibits and although it is conflicting, we conclude that the evidence adduced demonstrates that plaintiff and Brian had an equitable interest in the fourplex as set forth in the land sale contract dated May 20, 1965.

  3. Conklin v. Karban Rock, Inc.

    94 Or. App. 593 (Or. Ct. App. 1989)   Cited 18 times
    In Conklin v. Karban Rock, Inc., 94 Or. App. 593, 767 P.2d 444, rev den, 307 Or 719 (1989), however, this court held that a party asserting estoppel to avoid the statute of frauds must show that the party asserting the statute of frauds made a misrepresentation "beyond the contractual promise itself and gained an advantage from the misrepresentation and detrimental reliance.

    In Luckey, the plaintiff built a reservoir on the easement allegedly granted to him. In Royer v. Gailey, 252 Or. 369, 449 P.2d 853 (1969), a similar water-collecting structure was built on the land. Such a physical improvement to land "corroborates and is unequivocally referable to the oral agreement."