Kitchin v. Oregon Nursery Co.
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Statement by Mr. Justice Eakin. This is an action by A. L. Kitcbin against the Oregon Nursery Company, Limited.
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From Washington: James U. Campbell, Judge. Statement by Mr. Justice Eakin. This is an action by A. L. Kitcbin against the Oregon Nursery Company, Limited. Plaintiff alleges tbat in the year 1910 be was engaged in the business of buying and selling, taking orders for, and supplying, fruit trees to the public for planting orchards; tbat between the 1st day of February and the 19th day of April, 1910, be purchased from the defendant young fruit trees of the total value of $1,257.59, which were shipped to plaintiff at Boseburg, Oregon; tbat said trees were defective and imperfect, in that they…
1Opinion
On Petition for Rehearing.
(130 Pac. 1133.)
2Opinion of the Court · EakinJustice Eakin
9. On the motion for rehearing defendant urges that there is no evidence to justify the verdict in the sum of $901.28, for the reason that the purchase price at Orenco of the trees proved to have died, according to the testimony of plaintiff, was only $549.81. Testimony was offered by plaintiff, but excluded by the court, that the price plaintiff was to receive for these same trees was $938.37. However, he-was allowed to state that the real value thereof was $1,017.25; and to *28a former question he was allowed to state the.total amount or value of those…
Also in this document: Opinion of the Court · Eakin.
3Cases cited3 opinions
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Sorenson v. Oregon Power Co.Oregon Supreme Court · 1905
- Flanagan Estate v. Marshfield Trading Co.Oregon Supreme Court · 1913