Legal Opinion

Williams v. Burdick

Oregon Supreme Court

Decided July 30, 1912PublishedCited by 15 opinions

From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is an action by Arthur P. Williams, Edwin H. Sayre, William L. Juhring, and Francis J. Dessoir, partners under the firm name and style of R. C. Williams & Company, against A. C. Burdick & Co., Inc., to recover damages for the breach of an alleged agreement.

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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is an action by Arthur P. Williams, Edwin H. Sayre, William L. Juhring, and Francis J. Dessoir, partners under the firm name and style of R. C. Williams & Company, against A. C. Burdick & Co., Inc., to recover damages for the breach of an alleged agreement. It is stated in the complaint that at all the times mentioned therein the plaintiffs were partners as R. C. Williams & Co., and the defendant was a corporation; that on June 14, 1910, a contract was effected, whereby the defendant agreed to sell and deliver to…

1Opinion of the CourtJustice Moore

It appears from the bill of exceptions that the defendant is a corporation, engaged in buying and selling dried fruits, its office being in Portland, Oregon, from which city it sent a telegram, June 13, 1910, to M. W. Houck & Bro., commission merchants at 189 Franklin street, New York, and, referring in the message to such edible fruit then growing in Oregon, stated in part: “Offer one straight car fine large thirties October shipment at three and half base.” The next day these brokers, alluding to plaintiffs, wired the defendant in part as follows: “As per your message R. C. Williams offers…

2Cases cited3 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
  3. Taffe v. SmythOregon Supreme Court · 1912

3Cited by15 opinions

  1. Wagner v. Rainier Manufacturing Co.Oregon Supreme Court · 1962
  2. Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
  3. Hirschfeld v. McCullaghOregon Supreme Court · 1912
  4. Zurich General Accident & Liability Assurance Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1933
  5. Neilson & Kittle Canning Co. v. F. G. Lowe & Co.Tennessee Supreme Court · 1923

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