Horn v. Elgin Warehouse Co.
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. The plaintiff, engaged in farming certain described lands in Union County, says in substance that on or about the —:— day of April, 1919, at Elgin, Oregon, he ordered of the defendant five sacks of Bed Chaff club wheat, a spring wheat suitable for spring seeding, to be 'used as seed and sown for the purpose of raising a crop upon said premises during 1919, all of which was communicated to the defendant.
Read the full summary
From Union: John W. Knowles, Judge. In Banc. The plaintiff, engaged in farming certain described lands in Union County, says in substance that on or about the —:— day of April, 1919, at Elgin, Oregon, he ordered of the defendant five sacks of Bed Chaff club wheat, a spring wheat suitable for spring seeding, to be 'used as seed and sown for the purpose of raising a crop upon said premises during 1919, all of which was communicated to the defendant. He further says: “That the defendant then and there sold and delivered to the plaintiff five sacks of wheat, for a valuable consideration, and then…
1Opinion of the CourtBurnett, J.
1. It appears that the court allowed the defendant to ask the plaintiff on cross-examination how much he paid for the wheat in question, .and the plaintiff predicates error on this matter. An issue in the case was whether or not the plaintiff had bought the wheat at all. One possible element of a consummated sale is the payment of the purchase price. Hence it was legitimate cross-examination of him on that subject to ask the question as stated.
2. The plaintiff’s contention was to the effect that the wheat actually delivered was of the variety-called “Forty-fold.” In cross-examining his…
2Cases cited11 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Swift v. MulkeyOregon Supreme Court · 1886
- Leonard v. Southern Pacific Co.Oregon Supreme Court · 1892
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. SackOregon Supreme Court · 1957
- Stuchbery v. HarperIdaho Supreme Court · 1964
- Moore v. Shell Oil Co.Oregon Supreme Court · 1932
- Stegman v. Offerle Cooperative Grain & Supply Co.Supreme Court of Kansas · 1940