Leavitt & Co. v. Dimmick
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. Action by J. W. Leavitt & Company, a corporation, against B. M. Dimick. From a judgment on a verdict in favor of defendant, on a counterclaim, plaintiff appealed. Department 2. Statement by Mr. Chief Justice McBride. This was an action at law brought by plaintiff, a California corporation, which at the dates mentioned in the complaint was engaged in the sale of Willys-Overland automobiles in California and Oregon.
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From Marion: Percy E. Kelly, Judge. Action by J. W. Leavitt & Company, a corporation, against B. M. Dimick. From a judgment on a verdict in favor of defendant, on a counterclaim, plaintiff appealed. Department 2. Statement by Mr. Chief Justice McBride. This was an action at law brought by plaintiff, a California corporation, which at the dates mentioned in the complaint was engaged in the sale of Willys-Overland automobiles in California and Oregon. There are two causes of action stated: The first to recover a balance of $146.13, alleged to be due for goods, wares, and merchandise sold to…
1Opinion of the Court
Opinion by
Mr. Chibe Justice McBride.
1, 2. We are of the opinion that evidence of the alleged oral agreement was improperly admitted. It is a rule as old as the law of evidence and one re-enforced by statute that all verbal negotiations which precede or accompany a written contract are merged in the writing, which is the sole evidence of the agreement: Section 713, L. O. L.; Hindman v. Edgar, 24 Or. 581 (17 Pac. 862); Gill v. Columbia Contract Co., 70 Or. 278 (141 Pac. 163); Looney v. Rankin, 15 Or. 617 (16 Pac. 660); Stoddard v. Nelson, 17 Or. 417 (21 Pac. 456); Weidert v. State Ins. Co., 19…
2Cases cited12 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Tallmadge v. HooperOregon Supreme Court · 1900
- Looney v. RankinOregon Supreme Court · 1888
- Aerne v. GostlowOregon Supreme Court · 1911
- Hillyard v. HewittOregon Supreme Court · 1912
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3Cited by5 opinions
- Coker v. RicheyOregon Supreme Court · 1921
- Willamette Production Credit Ass'n v. DayOregon Supreme Court · 1941
- Collins v. CollinsOregon Supreme Court · 1955
- Gilbert v. Globe & Rutgers Fire Ins.Oregon Supreme Court · 1918
- Wentworth v. Winton Co.Oregon Supreme Court · 1920