James Higgins Co. v. Torvick
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This was an action brought by James Higgins Company against L. T. Torvick, to recover damages for breach of a contract of sale of potatoes. That part of the contract which, is in writing is as follows: “Jas. Higgins Co., “317 and 319 Drum Street, Corner Oregon, “San Francisco, Cal. “L. T. Torvick has this day sold to Jas. Higgins Co. the following goods, viz.: Mt. Angel, at 80c per bushel about 500 sks.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This was an action brought by James Higgins Company against L. T. Torvick, to recover damages for breach of a contract of sale of potatoes. That part of the contract which, is in writing is as follows: “Jas. Higgins Co., “317 and 319 Drum Street, Corner Oregon, “San Francisco, Cal. “L. T. Torvick has this day sold to Jas. Higgins Co. the following goods, viz.: Mt. Angel, at 80c per bushel about 500 sks. Burbanks, about 150 sks. seed Burbanks, 85c per 100; all goods to be sound and merchantable of best quality on arrival…
1Opinion of the CourtJustice McBride
1. We think the court below erred in holding that there was not sufficient tender made by plaintiff. The evidence *277tended to show that defendant had already sold his potatoes to another party, and had thereby placed it beyond his power to perform in any event. Moreover, the delivery and payment were by the terms of the contract concurrent acts. Plaintiff was to pay when the produce was delivered, not before. Under such circumstances, an offer to pay upon delivery, coupled with a willingness and present ability to do so, are all the law requires. This question is settled in this State, by the…
2Cases cited6 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Indianapolis Cabinet Co. v. HerrmanIndiana Court of Appeals · 1893
- Catlin v. JonesOregon Supreme Court · 1908
- People ex rel. Bettner v. City of RiversideCalifornia Supreme Court · 1886
- Simpson v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1896
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3Cited by2 opinions
- Schucking v. YoungOregon Supreme Court · 1915
- Livesley v. StraussOregon Supreme Court · 1922