Legal Opinion

Reid v. Alaska Packing Co.

Oregon Supreme Court

Decided August 3, 1903PublishedCited by 10 opinions

From Clatsop: Thomas A. McBride, Judge. This is an action by Reid, Murdoch & Co., a corporation, against the Alaska Fishermen’s Packing Co., also a corporation, to recover damages for a breach by the defendant of an alleged contract to sell and deliver to the plaintiff 2,500 cases of canned salmon. The plaintiff is engaged in buying and selling salmon, with its place of business in Chicago, and the defendant in packing salmon in Alaska for sale.

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From Clatsop: Thomas A. McBride, Judge. This is an action by Reid, Murdoch & Co., a corporation, against the Alaska Fishermen’s Packing Co., also a corporation, to recover damages for a breach by the defendant of an alleged contract to sell and deliver to the plaintiff 2,500 cases of canned salmon. The plaintiff is engaged in buying and selling salmon, with its place of business in Chicago, and the defendant in packing salmon in Alaska for sale. In March, 1899, the defendant employed C. M. Webber & Co., brokers of Chicago, to act as its agent or broker in selling its salmon in Illinois and…

1Opinion of the CourtJustice Bean

1. We think that the evidence was competent as to the statements made by the officers of the defendant, when the memorandum was delivered to them by Patton, to the effect that they would not ratify or confirm the contract because the defendant did not pack or deal in salmon of the kind specified therein. It is admitted that Webber & Co. exceeded their authority in making the contract of warranty as to the quality of fish. In order to render the defendant liable thereon, it was necessary, therefore, for the plaintiff to show that it had ratified the contract, either in express teyms or by…

2Cases cited9 opinions

  1. Dexter v. . NortonNew York Court of Appeals · 1871
  2. Jones v. United StatesSupreme Court of the United States · 1878
  3. Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
  4. Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
  5. Butler v. ThomsonSupreme Court of the United States · 1876

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3Cited by10 opinions

  1. Anderson v. AdamsOregon Supreme Court · 1903
  2. Lehigh Portland Cement Co. v. Virginia Steamship Co.Supreme Court of Virginia · 1922
  3. Fleishman v. MeyerOregon Supreme Court · 1905
  4. Learned v. HolbrookOregon Supreme Court · 1918
  5. Hokanson v. Western Empire Land Co.Supreme Court of Minnesota · 1916

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