Olympia Bottling Works v. Oylmpia Brewing Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice King. Plaintiff by this action demands $45,000 damages for-an alleged breach of a written contract, entered into January 25, 1902, by and between the defendant, the Capital Brewing Company of Olympia, Washington (subsequently changed to the Olympia.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice King. Plaintiff by this action demands $45,000 damages for-an alleged breach of a written contract, entered into January 25, 1902, by and between the defendant, the Capital Brewing Company of Olympia, Washington (subsequently changed to the Olympia. Brewing Company), as party of the first part, and the plaintiff, the Olympia Bottling Works, ,as party of the second part, wherein the latter was made the sole agent of the first party for the sale of beer brewed by it in Oregon and the southern part of Washington, the period of…
1DissentJustice Eakin
1. No contention is made in this court respecting the compliance or noncompliance with the terms of the contract for the first five years, only the legal effect of the option clause in the contract being involved; and the breach complained of goes to the refusal by defendant to permit plaintiff to continue its agency thereunder for the additional time. The defense relied upon in this court, is that the contract, under which plaintiff sought to have its rights recognized, consisted merely of an “agreement to agree” to an option, the terms of which were to be fixed in the future and therefore…
2Cases cited29 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- House v. JacksonOregon Supreme Court · 1893
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
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