Krebs Hop Co. v. Livesley
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. Action by the Krebs Hop Co., a corporation, against T. A. Livesley and another.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. Action by the Krebs Hop Co., a corporation, against T. A. Livesley and another. On August 25, 1904, plaintiff and defendants entered into the following written contract: “In consideration of one dollar, the receipt whereof is hereby .acknowledged, Krebs Hop Co., a corporation doing business under the laws of the State of Oregon, sells, and T. A. Livesley & Co., copartnership, buys, five hundred thousand pounds of prime Oregon hops, subject to inspection by T. A. Livesley & Co., or their authorized agent, at the agreed…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The stipulation that certain payments on the purchase price of the hops were to be made by defendants, *533prior to the time of delivery, is a separate and independent covenant, upon which an action can be maintained by plaintiff, without waiting for the time for final performance to arrive: Faber v. Hougham, 36 Or. 428 (56 Pac. 547, 1111). But defendants claim that, prior to the time any of such payments became due and payable, plaintiff had put it out of its power to comply with its contract by assigning to Ladd & Bush the payments referred to, and by…
2Cases cited17 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- State v. Foot YouOregon Supreme Court · 1893
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Giachetta v. MarquamOregon Supreme Court · 1893
- State v. TamlerOregon Supreme Court · 1890
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3Cited by25 opinions
- Van Duyn Ex Rel. Van Duyn v. Baker School District 5JCourt of Appeals for the Ninth Circuit · 2007
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Mohr v. LearOregon Supreme Court · 1964
- Matter of Estate of BisioCourt of Appeals of Oregon · 1978
- Sutton v. LowryMontana Supreme Court · 1909
20 more not listed; retrieve them via the Exa API.