Reid v. Alaska Packing Co.
Oregon Supreme Court
From Clatsop : Thomas A. McBride, Judge. Statement by Mr. Justioe Bean. This is an action by Reid, Murdoch & Co., against the Alaska Fishermen’s Packing Co. The plaintiff is a Chicago company, engaged in buying and selling salmon, and the defendants an Oregon corporation, with its principal office in Astoria, but engaged in packing salmon in Alaska.
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From Clatsop : Thomas A. McBride, Judge. Statement by Mr. Justioe Bean. This is an action by Reid, Murdoch & Co., against the Alaska Fishermen’s Packing Co. The plaintiff is a Chicago company, engaged in buying and selling salmon, and the defendants an Oregon corporation, with its principal office in Astoria, but engaged in packing salmon in Alaska. In March, 1899, defendant employed O. M. Webber & Co., brokers in Chicago, to act as its agents “in selling its salmon” in Illinois and adjoining states. The contract of brokerage was negotiated through Frank Patton, of Astoria, who, under…
1Opinion of the CourtJustice BeaN
1. Webber & Co. had no authority to sell for defendant sockeye salmon, or to warrant that the quality of the fish which they agreed to sell to the plaintiff should be equal to the best Puget Sound Fancy Sockeye. They had nothing but a power to sell fish packed by the defendant company, and had no authority to warrant that such fish should be of a quality not found in Alaskan waters or packed or handled by the defendant. A mere selling agent, without express power to warrant, cannot give a warranty which will bind his principal, unless the sale is of a class which is ordinarily accompanied by…
2Cases cited11 opinions
- Smith v. . TracyNew York Court of Appeals · 1867
- Busch v. WilcoxMichigan Supreme Court · 1890
- Heyn v. O'HagenMichigan Supreme Court · 1886
- Currie v. BowmanOregon Supreme Court · 1894
- Saveland v. GreenWisconsin Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. DennisOregon Supreme Court · 1945
- Baker v. SeaweardOregon Supreme Court · 1912
- Kneeland v. ShroyerOregon Supreme Court · 1958
- Start v. Shell Oil Co.Oregon Supreme Court · 1954
- Seaside, City of v. RandlesOregon Supreme Court · 1919
11 more not listed; retrieve them via the Exa API.