Corbitt & Macleay v. Salem Gaslight Co.
Oregon Supreme Court
Appeal from Multnomah County. Respondents brought this action in the circuit court, for damages accruing by reason of appellants’ failure to take and pay for certain coals, under a contract which is as follows: “Portland, Oregon, December 16, 1875. This,is to certify that the Salem Gaslight Company will purchase from Corbitt & Macleay, on arrival of ship from Sydney, Australia, due during the month of March, 1876, one' hundred and fifty tons New Castle coal, delivered at…
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Appeal from Multnomah County. Respondents brought this action in the circuit court, for damages accruing by reason of appellants’ failure to take and pay for certain coals, under a contract which is as follows: “Portland, Oregon, December 16, 1875. This,is to certify that the Salem Gaslight Company will purchase from Corbitt & Macleay, on arrival of ship from Sydney, Australia, due during the month of March, 1876, one' hundred and fifty tons New Castle coal, delivered at Salem, at fourteen dollars per ton of two thousand two hundred and forty pounds. Payment, cash on delivery. (Signed) Salem…
1Opinion of the Court
By the Court, Prim, O. J.:
"We are of the opinion that the demurrer to the complaint should have been sustained on the ground that it does not state facts sufficient to constitute a cause of action. This action is based upon a written agreement which is set out in full in the complaint.
It is unilateral in its character, and is only signed by one of the parties. It is a mere proposition of one party, in writing, to purchase a certain quantity of coal from the other at a certain price mentioned, without any corresponding obligation upon the other to sell said coal at said price.
But it is…
2Cases cited3 opinions
- Hyatt v. WoodNew York Supreme Court · 1808
- Lester v. JewettNew York Supreme Court · 1849
- Holmes v. NuncasterNew York Supreme Court · 1815
3Cited by12 opinions
- Parks v. ElmoreWashington Supreme Court · 1910
- School District No. 8 v. Twin Falls County Mutual Fire InsuranceIdaho Supreme Court · 1917
- Wickham & Burton Coal Co. v. Farmers Lumber Co.Supreme Court of Iowa · 1920
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Lemler v. BordOregon Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.