International Harvester Co. v. Bauer
Oregon Supreme Court
From Yamhill: Harry H. Belt, Judge. Department 1. Statement by Mr. Justice Benson. This is an action by the International Harvester 'Company of America, a corporation, against Jean Bauer, Jacob A. Large and Hattie M. Large, his wife, •and L. M. Scroggin.
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From Yamhill: Harry H. Belt, Judge. Department 1. Statement by Mr. Justice Benson. This is an action by the International Harvester 'Company of America, a corporation, against Jean Bauer, Jacob A. Large and Hattie M. Large, his wife, •and L. M. Scroggin. The facts are as follows: On August 5, 1914, the defendant Jean Bauer purchased from the plaintiff corporation a threshing-machine and engine, giving in payment therefor three promissory notes, one being for $200, and the other two for $350 each, the notes all being in the same form and containing the following paragraphs: “This note is given…
1Opinion of the CourtJustice Benson
There is no substantial conflict in the evidence. On August 5, 1914, the notes, chattel mortgage and real estate mortgage were executed. The first note was. due November 1, 1914, and no part thereof was paid. On April 20, 1915, the defendant still being in default,, plaintiff directed the sheriff to seize the personal property and sell it in accordance with the terms of the chattel mortgage, and at the same time began this suit to collect the purchase price and to foreclose the' real estate mortgage.
Defendant urges with much force the contention that the contract as .set out in the promissory…
2Cases cited13 opinions
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- Christie v. ScottSupreme Court of Kansas · 1908
- Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907
- Minneapolis Harvester Works v. HallySupreme Court of Minnesota · 1881
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3Cited by17 opinions
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- First Nat. Bank v. YocomOregon Supreme Court · 1920
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