Yreka Lum. Co. v. Lystul-Stuveland Lum. Co.
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 1. The substance of the complaint is that the parties entered into an agreement whereby the defendant should deliver to the plaintiff 250,000 feet of lumber at the price of $10.50 per thousand, to be paid by the plaintiff, and that the defendant refused to deliver the lumber, whereby the plaintiff has been damaged in a sum mentioned.' Aside from admitting the corporate character of the defendant, the answer denies all of the…
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From Douglas: James W. Hamilton, Judge. Department 1. The substance of the complaint is that the parties entered into an agreement whereby the defendant should deliver to the plaintiff 250,000 feet of lumber at the price of $10.50 per thousand, to be paid by the plaintiff, and that the defendant refused to deliver the lumber, whereby the plaintiff has been damaged in a sum mentioned.' Aside from admitting the corporate character of the defendant, the answer denies all of the allegations of the complaint, and makes no further defense. By agreement of the parties the case was heard by the court…
1Opinion of the CourtBurnett, C. J.
1. The findings, so far as they deal with facts, are conclusive upon this court. The only question open with respect to them is whether or not the findings of fact justify the conclusions of law embodied in the judgment. The facts relating to the contract are disclosed by the correspondence, and it is a statement of fact when it is said that the entire negotiations are contained in that correspondence. Since this is true, the court was not justified in reaching conclusions 7, “that defendant before accepting the order of plaintiff expected to receive a list specifying the dimensions of lumber…
2Cases cited4 opinions
- Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
- Carr v. DuvalSupreme Court of the United States · 1840
- Eliason v. HenshawSupreme Court of the United States · 1819
- Ward v. McKinleyOregon Supreme Court · 1920
3Cited by3 opinions
- First National Bank v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1928
- Coast Fir Lumber Co. v. ParkerOregon Supreme Court · 1923
- Williams v. LedbetterOregon Supreme Court · 1929