Walker v. Warring
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Bean. This is an action by W. W. Walker, Newton Walker, D. C. Walker, and Henry Goode, doing business under the firm name and style of Marion County Nurseries, W. W. Walker & Go., Proprietors, against J. D. Warring and Capital City Nursery Co., for money. The cause was tried before the court without a jury. From a judgment in favor of plaintiffs, defendants appeal.
Read the full summary
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Bean. This is an action by W. W. Walker, Newton Walker, D. C. Walker, and Henry Goode, doing business under the firm name and style of Marion County Nurseries, W. W. Walker & Go., Proprietors, against J. D. Warring and Capital City Nursery Co., for money. The cause was tried before the court without a jury. From a judgment in favor of plaintiffs, defendants appeal. The first cause of action is for the recovery of $3,262.26 on a contract entered into between plaintiffs and defendant J. D. Warring, on October 30, 1909, the payments to…
1Opinion of the CourtJustice Bean
It appears that plaintiffs, upon this claim being made, informed defendant Warring that he thereby *154forfeited the remainder of the 'contract. Plaintiffs then commenced this suit, alleging that they exercised their option to rescind their agreement as to further deliveries thereunder, claiming a forfeiture of advances for budding and grafting to the amount of $930.66. Defendants contend that this amount should be credited as payment for the trees delivered. Evidence was introduced by the respective parties tending to support their respective claims.
1. It is urged by defendants that this court…
2Cases cited10 opinions
- Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
- Sun Dial Ranch v. May Land Co.Oregon Supreme Court · 1912
- Flegel v. KossOregon Supreme Court · 1906
- Carll v. Interstate Consolidated R.R. Co.Supreme Court of Rhode Island · 1902
- West v. BechtelMichigan Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- H. R. Wyllie China Co. v. VintonOregon Supreme Court · 1920
- Gumm v. FergusonOregon Supreme Court · 1914
- Rosetto v. MillerOregon Supreme Court · 1927