Russell Miller Milling Co. v. Bastasch
Oregon Supreme Court
Prom Multnomah: John P. Kavanaugh, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, Russell Miller Milling Company, a North Dakota corporation, brings this action against Andrew Bastasch, Carl Bastasch and Rudolph Kiss-ling, composing a bakery firm known as the New York Bakery and doing business in the City of Portland, and declares upon an alleged’breach of an executory contract for the sale by plaintiff to the defendants of 1,800 barrels of flour of…
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Prom Multnomah: John P. Kavanaugh, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, Russell Miller Milling Company, a North Dakota corporation, brings this action against Andrew Bastasch, Carl Bastasch and Rudolph Kiss-ling, composing a bakery firm known as the New York Bakery and doing business in the City of Portland, and declares upon an alleged’breach of an executory contract for the sale by plaintiff to the defendants of 1,800 barrels of flour of the brand known as Electric Light to be shipped from time to time from North Dakota to Portland between August 23, 1910,…
1Opinion of the CourtJustice Burnett
As stated, the action is one based upon an alleged breach of an executory contract for the sale of personal property. The defendants answering do not allege any fraud or deceit by which they were induced to make the contract. The allegations about the inferior quality of the flour are redundant, or, at best, mere matters of inducement leading to the allegation that the plaintiff by its agent agreed that the contract should he canceled. No counterclaim for damages on account of the defect in the flour delivered and accepted is stated, and hence nothing can be claimed by the defendants on…
2Cases cited10 opinions
- Kingman & Co. v. Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1899
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Holmes v. WhitakerOregon Supreme Court · 1892
- Willis v. LanceOregon Supreme Court · 1896
- F. W. Stock & Sons v. SnellMassachusetts Supreme Judicial Court · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stillwell v. HillOregon Supreme Court · 1917
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- International Milling Co. v. North Platte Flour MillsNebraska Supreme Court · 1930
- International Milling Co. v. ReiersonSouth Dakota Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.