Schucking v. Young
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is an action by B. O. Scbucking & Company against E. M. Young, for damages for breach of a contract to sell and deliver bops.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice McBride. This is an action by B. O. Scbucking & Company against E. M. Young, for damages for breach of a contract to sell and deliver bops. Tbe material portions of tbe complaint are as follows: “I. That B. O. Schucking is now, and was at all the times hereinafter mentioned doing business under the name and style of B. O. Schucking & Co., and prior hereto has filed a certificate in the office of the county clerk of Marion County, Oregon, setting forth the name and style under which said business was to be conducted and the true name…
1Opinion of the CourtJustice McBride
1. Plaintiff and defendant agree that the contract, so far as the hieroglyphic, #, is concerned, is in just the same condition as it was when it was executed, and that the intent of the writing was to evidence the sale by defendant and the purchase by plaintiff of 25,000 pounds of hops. The contract is declared upon according to its legal effect, and the hieroglyphic was simply the conventional method adopted by the parties to signify pounds. So far as they were concerned, it spelled “pounds,” just as effectually as though the word had been written in full in capital letters. Nobody can read…
2Cases cited6 opinions
- Ladd & Tilton v. MasonOregon Supreme Court · 1882
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1909
- Beamish v. NoonOregon Supreme Court · 1915
- Catlin v. JonesOregon Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Uhlmann v. Kin DawOregon Supreme Court · 1920
- Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
- Columbia River Door Co. v. ToddOregon Supreme Court · 1918
- Livesley v. StraussOregon Supreme Court · 1922
- Kanavos v. Hancock Bank & Trust Co.Massachusetts Supreme Judicial Court · 1985
14 more not listed; retrieve them via the Exa API.