Milos v. Covacevich
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action- by Mark Milos against Peter Covacevich to recover $225 for the breach of a contract to deliver a fishing net.
Read the full summary
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action- by Mark Milos against Peter Covacevich to recover $225 for the breach of a contract to deliver a fishing net. The facts, ■ as disclosed by the pleadings and testimony on behalf of the-plaintiff, are,- in substance, that on March-28, 1898, the plaintiff and defendant had an accounting and settlement as to the balance then diie plaintiff for labor and services theretofore performed for the- defendant, as a result of which it'was orally-agreed that the defendant Should, -in payment of such balance, deed to the plaintiff a certain…
1Opinion of the CourtChief Justice Bean
1. The agreement of the defendant to deliver the fishing net to the plaintiff in part payment of the balance due him for services was a contract for the sale of personal property within the statute of frauds, and void, unless the agreement of the plaintiff to accept the same in part payment and satisfaction of his indebtedness is to be deemed a payment within the meaning of the statute. Section 785., Hill’s Ann. Laws, provides that an agreement for the sale of personal property at a price not less than $50, unless the buyer accept and receive some part of such property, or pay at the time…
2Cases cited6 opinions
- Coon v. . KnapNew York Court of Appeals · 1854
- Brabin v. . HydeNew York Court of Appeals · 1865
- Egleston v. KnickerbackerNew York Supreme Court · 1849
- Conant v. Estate of KimballWisconsin Supreme Court · 1897
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Schmitt v. BetheaSupreme Court of Florida · 1919
- Obear-Nester Glass Co. v. Lax & Shaw, Ltd.Court of Appeals for the Eighth Circuit · 1926
- Kuykendall v. LambertSupreme Court of Oklahoma · 1918
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Aya v. MorsonOregon Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.