DuBois v. Perkins
Oregon Supreme Court
Defendant appeals. This is an action to recover four hundred and twelve dollars and fifty cents, the value of a certain lot of cigars alleged to have been sold by the plaintiff to the defendant, at his request. The evidence offered tended to prove that one Ed. Kidder negotiated the sale to the defendant and billed the cigars to Perkins in his own name.
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Defendant appeals. This is an action to recover four hundred and twelve dollars and fifty cents, the value of a certain lot of cigars alleged to have been sold by the plaintiff to the defendant, at his request. The evidence offered tended to prove that one Ed. Kidder negotiated the sale to the defendant and billed the cigars to Perkins in his own name. The defendant was not present when the cigars were taken to his place of business, and his contention is that he bought the cigars of Kidder and paid him for the same without any notice that they were owned or claimed by the plaintiff. The…
1Opinion of the Court
Strahan, C._ J.
Only a single question is presented on this appeal, and that is whether or not Smith’s evidence detailing the conversation of the porter and Kidder at the time the cigars were delivered was competent. Thé defendant was not present at the time of this conversation, and it is not shown that the porter was his agent. How this conversation could affect or bind him does not appear; in fact, its competency was not claimed on the argument here, only as it may be supposed to have been rendered competent by other evidence given upon the trial, but which is not in the bill of exceptions.…
2Cases cited3 opinions
- Rosser, Armistead & Co. v. DardenSupreme Court of Georgia · 1888
- H. T. Keown & Co. v. VogelMissouri Court of Appeals · 1887
- Pardridge v. Joel J. Bailey & Co.Appellate Court of Illinois · 1886
3Cited by22 opinions
- State v. OsborneOregon Supreme Court · 1909
- Mount v. WelshOregon Supreme Court · 1926
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Carney v. DuniwayOregon Supreme Court · 1899
- Durkee v. CarrOregon Supreme Court · 1900
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