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63 Or. 261

Leo v. Deitz

Oregon Supreme Court

Decided November 12, 1912

Oregon Supreme Court · decided 1912-11-12

From Washington: James A. Eakin, Judge. Statement by Mr. Justice Burnett. This is a suit by H. D. Leo against Amelia J. Deitz to compel specific performance of a contract to convey real property.

Cited by 2 later decisions — most recently May 1953

2 state decisions

Relies on Kukatli v. Jackson

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1912-11-12

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Mr. Justice Burnett

¶1delivered the opinion of the court.

¶2On the ground of stare decisis, if for no other reason, this case is ruled by the decision in Kuratli v. Jackson, 60 Or. 203 (118 Pac. 192), where this court held in a case like this, except that inchoate dower instead of curtesy was involved, that “it is impracticable to determine the value of the inchoate dower; that equity will not lend its aid to coerce the wife to join her husband in a deed to plaintiff, which would be the effect or tendency of the decree rendered; that plaintiff knew the defendant had a wife with inchoate dower in the land, and he took the chance that the wife would refuse to sign the deed; that to attempt to fix a new price at which defendant should sell the propery would be to make a contract for the parties, and not to enforce the one sued on. Plaintiff has not offered to accept the deed of the defendant alone, and he is not entitled to the relief prayed for.”

¶3The decree of the court below is reversed and the suit dismissed. Reversed.

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