American Contract Co. v. Bullen Bridge Co.
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. This is an action by the American Bridge and Contract Company to recover from the Bullen Bridge Company and J. E. Willard damages for the alleged breach of a contract.
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From Multnomah: E. D. Shattuck, Judge. This is an action by the American Bridge and Contract Company to recover from the Bullen Bridge Company and J. E. Willard damages for the alleged breach of a contract. The plaintiff alleges, in substance, that the defendants, having entered into a contract with the Bridge Commission of the City of Portland, whereby they agreed to furnish the necessary material and construct across the Willamette River at that city a bridge, the specifications for which demanded crushed rock for the concrete filling to be used in the piers supporting the structure,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. The question presented for consideration by this appeal is whether the offer and acceptance, under the allegations of the pleadings, constitute the entire contract between the parties; for if so, no ambiguity appearing therein, evidence outside the writings would be inadmissible to explain the terms thereof. “A contract,” says Mr. Chief Justice Marshall in Sturges v. Crowninshield, 17 U. S. (4 Wheat.), 197, “is an agreement in which a party undertakes to do or not to do a particular thing.” Tested by this definition, it will be observed that the offer and…
2Cases cited10 opinions
- Sivers v. SiversCalifornia Supreme Court · 1893
- Louisville, New Albany & Chicago Railway Co. v. ReynoldsIndiana Supreme Court · 1889
- Nissen v. Genesee Gold Mining Co.Supreme Court of North Carolina · 1889
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Church v. ProctorCourt of Appeals for the First Circuit · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Abercrombie v. Hayden Corp.Oregon Supreme Court · 1994
- Hatley v. StaffordOregon Supreme Court · 1978
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
- Colorado Corp., Ltd. v. SmithCalifornia Court of Appeal · 1953
- Sund & Co. v. Flagg & Standifer Co.Oregon Supreme Court · 1917
20 more not listed; retrieve them via the Exa API.