Blagen v. Thompson

Citations

• 23 Or. 239
• 18 L.R.A. 315
• 31 P. 647
• 1892 Ore. LEXIS 136

Syllabus

<p>1. Contemporaneous Agreements.— When two written contracts or agreements are entered into between the same parties and concerning the same subject matter, whether made simultaneously or on different days, they may be regarded as one contract and construed together. Dean v. Lawham, 7 Or. 422, and Kruse v. Prindle, 8 Or. 158, approved. But an executory contract by a railway corporation to sell to defendants certain franchises, with a stipulation to secure and transfer certain additional rights of way, cannot be construed as part of an executed contract by which the individuals composing the corporation sold and delivered to the defendants their respective holdings of stock in the corporation, the defendants agreeing to complete and operate the railway over the route for which the corporation had agreed to secure the rights of way. The two contracts are made by different persons and relate to different subject matters.</p> <p>2. Breach of Contract — Speculative Damages. — The loss of the profits or gains that would have accrued out of a contract for the purchase of land, which the purchaser is obliged to surrender because of the failure of the defendant to construct a motor railway in accordance with a contract with the purchaser, when the defendant knew that the purchaser wished the line built to enhance the value of his contract of purchase, may be included in the damages for breach of the contract to build the motor railway.</p> <p>3. Contracts — Action for Breach.— The surrender and cancellation of a contract for the purchase of land will not prevent the purchaser from recovering the damages sustained by the breach of a contract which a third party had made with him for the construction of a motor railway, the purpose of which was to enhance the value of such land, since it was the purchaser’s duty to get out of his contract with as little loss as posible before suing the third party in damages fur his failure to build the motor line.</p> <p>4. Breach of Contrac