Catlin v. Jones
Oregon Supreme Court
From Marion: George H. Burnett, Judge. This is an action by Russell Catlin and J. R. Linn, partners, doing business under the firm name and style of Catlin & Linn, against S. W. Jones, to recover damages for breach of contract for the sale of hops. From a judgment of nonsuit, plaintiff appeals. Statement by Mr. Justice Eakin.
Read the full summary
From Marion: George H. Burnett, Judge. This is an action by Russell Catlin and J. R. Linn, partners, doing business under the firm name and style of Catlin & Linn, against S. W. Jones, to recover damages for breach of contract for the sale of hops. From a judgment of nonsuit, plaintiff appeals. Statement by Mr. Justice Eakin. This is an appeal from the second trial of an action to recover damages for breach of contract (for decision on a former appeal, see Catlin v. Jones, 48 Or. 158: 85 Pac. 515). On July 15, 1904, plaintiffs and defendants entered into a contract whereby plaintiffs buy and…
1Opinion of the CourtJustice Eakin
1. When plaintiffs rested their case, defendant moved for a judgment of nonsuit, which the court allowed, for the reason that the plaintiffs had not shown that they were ready to pay for the hops at the time and place of delivery. In the absence of defendant, it was not necessary for the plaintiffs to make a formal tender of payment, but, to entitle them to recover damages for nonperformance by the defendant, they must show that they were able and ready to pay at the time and place specified. Where the undertakings of parties to a contract for the sale of personal property are mutual and…
2Cases cited8 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Bigler v. . MorganNew York Court of Appeals · 1879
- Hughes v. Knott.Supreme Court of North Carolina · 1905
- Gray v. SmithCourt of Appeals for the Ninth Circuit · 1897
- Kitzinger v. SanbornIllinois Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. Wallowa National BankOregon Supreme Court · 1921
- Schucking v. YoungOregon Supreme Court · 1915
- Livesley v. StraussOregon Supreme Court · 1922
- DeHarpport v. GreenOregon Supreme Court · 1959
- Aurora Aviation, Inc. v. AAR Western Skyways, Inc.Court of Appeals of Oregon · 1985
8 more not listed; retrieve them via the Exa API.