State v. Miller
Oregon Supreme Court
233 P.2d 786 (1951)
Relevant factsFree
Miller (defendant) falsely represented to Hub Lumber Company that a tractor he was buying under a conditional sales contract was owned free and clear, inducing Hub to pay off Miller's separate debt to Howard Cooper Corporation for the tractor. Miller was convicted of obtaining property by false pretenses and appealed, arguing that what he actually obtained — the benefit of Hub's guaranty to Howard Cooper — was not "property" within the meaning of the false-pretenses statute.
IssueFree
Whether the crime of false pretenses requires a knowingly false representation of a present material fact, made with intent to defraud a victim into transferring title to tangible property capable of being possessed.