Hanley v. Combs
Oregon Supreme Court
From Grant: George E. Davis, Judge. Statement by Mr. Chief Justice Bean. This is an action by The William Hanley Co., a private corporation, against J. D. Combs to recover $3,300 advanced by the plaintiff on an executory contract for the sale of personal property.
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From Grant: George E. Davis, Judge. Statement by Mr. Chief Justice Bean. This is an action by The William Hanley Co., a private corporation, against J. D. Combs to recover $3,300 advanced by the plaintiff on an executory contract for the sale of personal property. The complaint alleges that on August 2, 1905, the plaintiff and defendant entered into the following written contract : “This Agreement, entered into this 2d day of August, 1905, by and between J. D. Combs, of John Day, Or., and Wm. Hanley, Mgr., of Burns, Ore., for and in consideration of thirty-three hundred dollars ($3,300.00)…
1Opinion of the CourtChief Justice Bean
1. The argument in support of the motion to dissolve the attachment is that the complaint does not state facts sufficient to constitute a cause of action, because it does not allege that the plaintiff was ready, willing and able to perform the contract on its part, or that it tendered or offered to pay the balance of the purchase price. This is not an action for a breach of the contract between the plaintiff and defendant. It is an action to rcover back- money paid by the plaintiff thereon as money had and received by the defendant for its use, on the ground that the contract has been…
2Cases cited9 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Raymond v. BearnardNew York Supreme Court · 1815
- S. C. V. Peat Fuel Co. v. TuckCalifornia Supreme Court · 1878
- Neis v. O'BrienWashington Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Bethke v. BainOregon Supreme Court · 1952
- Ellinghouse v. Hansen Packing Co.Montana Supreme Court · 1923
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
- William Hanley Co. v. CombsOregon Supreme Court · 1911
- Beartooth Stock Co. v. GrosscupMontana Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.