Hockersmith v. Hanley
Oregon Supreme Court
Appeal from Jackson: Hiero K. "Hanna, Judge. This is an action by Joseph W. Hockersmith against M. F. Hanley to recover for a breach of contract on a sale of certain beef cattle.
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Appeal from Jackson: Hiero K. "Hanna, Judge. This is an action by Joseph W. Hockersmith against M. F. Hanley to recover for a breach of contract on a sale of certain beef cattle. It is alleged, in substance, that about February twentieth, eighteen hundred and ninety-four, the parties hereto entered into a contract by the terms of which plaintiff bought of defendant one hundred and fifty-nine head of beef cattle, for which he agreed to pay two and one half cents per pound, live weight, as they should weigh at Medford, Oregon, one thousand dollars to be paid “cash in hand,” and the balance on…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
The parties are agreed upon the terms and conditions of the contract, save and except such as relate to the passing of title and the transfer of possession. The gist of plaintiff’s contention is that by its terms the cattle were to be weighed and delivered into his possession, and with such delivery both the title and right of possession should pass out of the defendant, and thereafter rest solely with the plaintiff, and that the date of their arrival in San Francisco was simply a time fixed for payment of the last installment of the purchase price; while the…
2Cases cited7 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Abbott v. HapgoodMassachusetts Supreme Judicial Court · 1889
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
- Halstead Lumber Co. v. MurphySupreme Court of Kansas · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Walpole v. Prefab Manufacturing Co.California Court of Appeal · 1951
- Stillwell v. HillOregon Supreme Court · 1917
- Hoskins v. ScottOregon Supreme Court · 1908
- Sachs v. Precision Products Co.Oregon Supreme Court · 1970
- Grover v. SturgeonOregon Supreme Court · 1970
8 more not listed; retrieve them via the Exa API.