Legal Opinion

Roseburg Railway Co. v. Nosler

Oregon Supreme Court

Decided April 23, 1900PublishedCited by 3 opinions

From Coos : J. C. Fullerton, Judge. This is an action by the Coos Bay, Roseburg & Eastern Railway & Navigation Co. against J. H. Nosier upon a subsidy agreement made by the defendant in June, 1890, by which he agreed to pay plaintiff the sum of $1,000 in consideration of its building a railroad from Marshfield to Myrtle Point, in Coos County, on or before January 1, 1891, and to Roseburg, in Douglas County, by December 31 of the same year ; payment to be made in installments…

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From Coos : J. C. Fullerton, Judge. This is an action by the Coos Bay, Roseburg & Eastern Railway & Navigation Co. against J. H. Nosier upon a subsidy agreement made by the defendant in June, 1890, by which he agreed to pay plaintiff the sum of $1,000 in consideration of its building a railroad from Marshfield to Myrtle Point, in Coos County, on or before January 1, 1891, and to Roseburg, in Douglas County, by December 31 of the same year ; payment to be made in installments as the work progressed. Subsequently the contract was-modified by extending the time for the completion of the road to…

1Opinion of the CourtJustice Bean

1. It was held on the former appeal, and is the law of the case, that, while the plaintiff had a right of action against the defendant on the subsidy contract for any installment earned by it prior to the time fixed for the completion of the road to Myrtle Point, it cannot recover installments where the designated performance had been delayed beyond the time fixed in the contract. It is therefore claimed by the defendant that, inasmuch as the complaint shows on its face that but one installment was earned within the time specified, which was paid, and fails to allege that the delay in the…

2Cases cited5 opinions

  1. Oakley v. . MortonNew York Court of Appeals · 1854
  2. Houghton & Palmer v. BeckOregon Supreme Court · 1881
  3. Nicolai v. KrimbelOregon Supreme Court · 1896
  4. Aiken v. CoolidgeOregon Supreme Court · 1885
  5. Davidson v. O. & C. RailroadOregon Supreme Court · 1883

3Cited by3 opinions

  1. State v. LangfordOregon Supreme Court · 1918
  2. Patterson v. PattersonOregon Supreme Court · 1902
  3. Title Insurance & Trust Co. v. Northwestern Long Distance Telephone Co.Oregon Supreme Court · 1918

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