Legal Opinion

McCormick v. Tappendorf

Washington Supreme Court

Decided January 4, 1909No. 7446PublishedCited by 16 opinions

Appeal from a judgment of the superior court for Clarke county, Reid, J., entered October 24, 1907, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on contract.

1Opinion of the CourtHadley, C. J.

— This is an action to recover damages for an alleged breach of contract to deliver a quantity of railroad ties. The terms of the contract are set forth in the following copy of a part of the correspondence between the parties:

*313“Portland, Oregon, January 23, 1906.
“Vancouver Lumber Company, Vancouver, Wash.
“Gentlemen: We hereby confirm our order for 50,000 pieces of 7x8-8' merchantable Oregon pine ties. These ties not to run over 20 per cent No. 2 merchantable. Any excess No. 2 to be $2.00 per thousand feet less. Inspection and tally at loading point by inspector from Pacific Lumber…

2Cited by16 opinions

  1. Commonwealth v. ThorpeMassachusetts Supreme Judicial Court · 1981
  2. Loveladies Property Owners Ass'n, Inc. v. BARNEGAT CITY, ETC., CO.New Jersey Superior Court Appellate Division · 1960
  3. Commonwealth v. BoyarskyMassachusetts Supreme Judicial Court · 2008
  4. Kreger v. HallWashington Supreme Court · 1967
  5. Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 2011

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