Smith v. Campbell
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Me. Justice Bean. This is an action to recover damages for the breach of a contract alleged to have been entered into by plaintiff, Oscar L. Smith, and defendant, Floyd J. Campbell, on March 6, 1914, for the sawing of the timber upon a certain forty-acre tract of land owned by defendant.
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From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Me. Justice Bean. This is an action to recover damages for the breach of a contract alleged to have been entered into by plaintiff, Oscar L. Smith, and defendant, Floyd J. Campbell, on March 6, 1914, for the sawing of the timber upon a certain forty-acre tract of land owned by defendant. It is averred that Mart D. Campbell executed the contract as the agent of Floyd J. Campbell; that according to its terms the defendant was to furnish plaintiff with a saw outfit known as the “King of the Woods” for the sum $325, defendant to…
1Opinion of the CourtJustice Bean
1-3. Counsel for defendant correctly submit that where a third party is sought to be held upon a' contract alleged to have been executed by an agent, the party seeking to enforce the contract must establish the alleged agency: Hahn v. Guardian Assurance Co., 23 Or. 576 (32 Pac. 683, 57 Am. St. Rep. 709); Jameson v. Coldwell, 25 Or. 199 (35 Pac. 245); Connell v. McLoughlin, 28 Or. 230 (42 Pac. 218); Rumble v. Cummings, 52 Or. 203, 208 (95 Pac. 1111); that an agent’s authority cannot be proved by his own statements that he is such an agent, and before the acts of the agent can be shown against…
2Cases cited18 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Matter of Application of La DueCalifornia Supreme Court · 1911
- Barbre v. GoodaleOregon Supreme Court · 1896
- De Vall v. De VallOregon Supreme Court · 1911
- Connell v. McLoughlinOregon Supreme Court · 1895
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3Cited by7 opinions
- Alvord v. BanfieldOregon Supreme Court · 1917
- Duniway v. HadleyOregon Supreme Court · 1919
- Blomquist v. JenningsOregon Supreme Court · 1926
- Jones v. Marshall-Wells Co.Oregon Supreme Court · 1922
- Dondero v. TurrillasNevada Supreme Court · 1939
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