Bagley Co. v. International Harvester Co.
Oregon Supreme Court
From Washington: John P, Kavanaugh, Judge. Department 1. The parties to this action are corporations. The plaintiff exists by virtue of the laws of Oregon, and the defendant by those of Wisconsin. The substance of the complaint is that in April, 1918, the defendant sold to the plaintiff a Mogul tractor for a price paid by the plaintiff.
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From Washington: John P, Kavanaugh, Judge. Department 1. The parties to this action are corporations. The plaintiff exists by virtue of the laws of Oregon, and the defendant by those of Wisconsin. The substance of the complaint is that in April, 1918, the defendant sold to the plaintiff a Mogul tractor for a price paid by the plaintiff. As the defendant knew at the time, the machine was purchased for use in general farm work, was guaranteed by it to be capable of performing all ordinary and general tasks of that kind, and particularly of pulling three 14-inch plows in gang. It is averred that…
1Opinion of the CourtBurnett, C. J.
1. There are many assignments of error, bnt with only two exceptions, they center around the proposition that the court blundered in allowing oral testimony to show that the plaintiff contracted with the defendant instead of the Hillsboro Mercantile Company. The situation is thus explained: The president of the plaintiff as a witness gave oral testimony of a transaction for the purchase of a tractor negotiated by himself, on the one hand, and the field agent of the defendant, on the other. As part of his cross-examination there was introduced an order signed by the witness and addressed to…
2Cases cited5 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Zimmerle v. ChildersOregon Supreme Court · 1913
- Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
3Cited by11 opinions
- Carolina Casualty Insurance v. Oregon Automobile InsuranceOregon Supreme Court · 1965
- Frint v. AmatoOregon Supreme Court · 1929
- Hostmann v. First Interstate Bank of Oregon, N.A. (In Re XTI Xonix Technologies, Inc.)United States Bankruptcy Court, D. Oregon · 1993
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1924
- Lane v. National Insurance AgencyOregon Supreme Court · 1934
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