Neis v. Whitaker
Oregon Supreme Court
From Benton : James W. Hamilton, Judge. Statement by Mr. J ustice Moore. This is an action by Kola Neis, as administrator of the partnership estate of Faber & Neis, against John Whitaker and Frank Whitaker, to recover damages for an alleged breach of an agreement.
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From Benton : James W. Hamilton, Judge. Statement by Mr. J ustice Moore. This is an action by Kola Neis, as administrator of the partnership estate of Faber & Neis, against John Whitaker and Frank Whitaker, to recover damages for an alleged breach of an agreement. The complaint state that November 21, 1901, the defendants entered into a written contract with Faber & Neis, whereby they stipulated annually, from 1902 to 1906, inclusive, to cultivate a hopyard in Benton’County, and on or before the 15th day of October of such years to deliver to the latter, at Corvallis, 20,000 pounds of…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiff’s counsel that the allegations of new matter in the answer, as hereinbefore quoted, constitute an averment of a rescission by implication, limited in its application to the year 1903, and that, as the original contract was severable in respect to each of the five years of the specified term, the annulment alleged left such contract in force and effect in 1904, when the cause of action stated in the complaint accrued, and, this being so, the court erred in admitting testimony over plaintiff’s objection and exception. .An examination of the language used in the…
2Cases cited2 opinions
- Morrison v. McAteeOregon Supreme Court · 1893
- Specht v. SpangenbergSupreme Court of Iowa · 1886
3Cited by9 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Williams v. Portland General Electric Co.Oregon Supreme Court · 1952
- Draper v. MULLENNEXOregon Supreme Court · 1960
- McCabe v. KelleherOregon Supreme Court · 1918
- Graham v. Coos Bay R. & N. Co.Oregon Supreme Court · 1914
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