Carnahan Mfg. Co. v. Beebe-Bowles Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by the Carnahan Manufacturing Company, a corporation,, against the Beebe-Bowles Company, a corporation.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by the Carnahan Manufacturing Company, a corporation,, against the Beebe-Bowles Company, a corporation. The facts are as follows: The defendant was a contractor for the erection of a building in Walla Walla, Washington, to whom the plaintiff agreed to furnish for use in the structure certain doors and interior trim under a written contract containing this provision: “All details are to be made following out a reasonable interpretation of the scale drawing and specifications and are not…
1Opinion of the CourtJustice Burnett
delivered the opinion of the court. -
1, 2. It was competent for the parties to modify their original contract which would amount to making a new agreement; but this later stipulation, like all others, must be one in which the minds of the parties meet on identically the same proposition. The record shows that the plaintiff proposed certain changes in the contract, but it does not show that the defendant accepted the offer. It was therefore error for the court to say to the jury:
“That a modification of a contract submitted and taken under consideration must be answered. If it is not answered,…
2Cases cited7 opinions
- Livesley v. JohnstonOregon Supreme Court · 1904
- Foste v. Standard InsuranceOregon Supreme Court · 1894
- Henry v. HarkerOregon Supreme Court · 1911
- Talbot v. GarretsonOregon Supreme Court · 1897
- Lueddemann v. RudolfOregon Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Grubb v. JOHNSONOregon Supreme Court · 1955
- Holtz v. OldsOregon Supreme Court · 1917
- Wiley v. BergOregon Supreme Court · 1978
- Gordon v. Curtis Bros.Oregon Supreme Court · 1926
- Troyer v. FoxWashington Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.