Baker v. Stoughton
Oregon Supreme Court
Error to GobmMa. Tms suit is brought upon the following instrument in writing: “_$á25. Milton, Nov. 28, 1850. On or before the first day of February next, I promise to pay L. Gr.
Read the full summary
Error to GobmMa. Tms suit is brought upon the following instrument in writing: “_$á25. Milton, Nov. 28, 1850. On or before the first day of February next, I promise to pay L. Gr. Whipple, or bearer, the sum of four hundred and twenty-five dollars, in round or hewed timber, as he may choose, and such size and length as he may direct; said timber to be delivered at Milton, at the usual place for vessels to take in the same,, for value received; timber to be at the highest market price. Joseph Stoughton.” The plaintiff avers, in his complaint, “ that all and every the conditions or condition…
1Opinion of the CourtWilliams, C. J.
Plaintiff complains of this decision of the District Court, and says that he was entitled to a judgment in this case for the amount claimed, without showing that he, or the payee of said note, ever gave to defendant any directions as to the kind or size of the timber to be delivered thereon. We consider this position untenable. We see no reason why the clear and express understanding of the parties should not be carried into effect. Defendant promised to pay the amount of the note in such timber as the holder thereof might call for; and it is impossible to say, with truth, that he has…
2Cited by2 opinions
- State v. MertenOregon Supreme Court · 1944
- Newburn v. HydeSupreme Court of Iowa · 1906