Hawley & Dodd v. Bingham
Oregon Supreme Court
Appeal from Yamhill County. This is an action by the respondents upon a promissory note executed by the appellant in their favor.
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Appeal from Yamhill County. This is an action by the respondents upon a promissory note executed by the appellant in their favor. The note is in the usual form, with the following additional stipulation: “ The above note is given upon and for the sole consideration that the said Hawley, Dodd & Co. have agreed and promised that upon the payment of said note, principal and interest, at maturity (time being of the essence of the contract), they will sell and transfer to the undersigned the Lester double-header planing machine, which the said Hawley, Dodd & Co. have this day entrusted to the care…
1Opinion of the Court
By the Court, Prim, C. J.:
It is claimed that the complaint in this action is bad upon its face, because it does not contain any averment that plaintiffs had performed, or offered to perform, their promise as to the sale and transfer of the said machine to defendant on the day the said note fell due. This position is based upon the theory that the promises of the plaintiffs and those of the defendant are mutual and dependent, and that the performance of one is a condition precedent to a right to demand a performance of the other. It is often a very difficult and delicate question to determine,…
2Cited by7 opinions
- Walker v. HewittOregon Supreme Court · 1923
- First National Bank v. SullivanWashington Supreme Court · 1911
- Burkhart v. HartOregon Supreme Court · 1900
- Oregon & Western Colonization Co. v. StrangOregon Supreme Court · 1927
- First National Bank v. MorganOregon Supreme Court · 1929
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