BURGDORFER V. THIELEMANN
Or. Sup. Ct, 153 Or. 354, 55 P.2d 1122 (1936)
NATURE OF THE CASE: Thielemann (D), seller, appealed from the decision of the Circuit
Court, which issued judgment in favor of Burdgorfer (P), buyer, in an action brought by P
for deceit in the sale of land.
FACTS: Burgdorfer (P) claims that Thielemann (D) made a false promise and induced him to
exchange a note in the principal sum of $2,000, and the mortgage securing it together with
two unsecured notes in the respective principal sums of $150 and $173, for lots 3 and 10,
block 25, Collins View Tract in Multnomah county, Oregon, upon which there was a mortgage of
$500. The mortgage securing the two-thousand-dollar note was upon approximately 64 acres of
real property in Clackamas county, Oregon. The representations made by D, were that the
Collins View lots had a present fair value of $2,400; that the tenant occupying the same had
made D a recent offer of $2,200; and the promise, was that D would assume and pay the
five-hundred-dollar mortgage on the Collins View lots and save P harmless therefrom. D also
represented to P that the party holding the last mentioned mortgage, whose name D refused to
divulge, was away from the city of Portland and could not be contacted. P claims that the
presentations by D were false and fraudulent; that D had no intention at the time of making
the said promise, or at any time at all, of performing the promise to P; that D knew that
the said representations and promise were false and fraudulent and that he made them in full
knowledge of their falsity. D's testimony contradicted P's at all points tending to show
fraudulent conduct on D's part. P got the verdict and D appealed contending that the statute
of frauds prohibited P's testimony as to D's alleged promise to pay off the mortgage on the
Collins View property because that the alleged promise could not have been performed within
one year and, therefore, to be enforceable it must have been reduced to writing and signed
by the party sought to be charged.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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