Christensen v. Pacific Coast Borax Co.
Oregon Supreme Court
Appeal from Curry: J. C.' Fullerton, Judge. This is an action by James C. Christensen to recover damages for the alleged breach of a written contract. Briefly, the facts are, that on the first day of April, eighteen hundred and ninety-one, the plaintiff and defendant made and entered into the following contract in writing:— '‘April the 1, 1891. “I the undersigned agree to mine on a pease of ground that has bin lade of for me by W. W. Gray for the Pacifick coast Boarx compna.
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Appeal from Curry: J. C.' Fullerton, Judge. This is an action by James C. Christensen to recover damages for the alleged breach of a written contract. Briefly, the facts are, that on the first day of April, eighteen hundred and ninety-one, the plaintiff and defendant made and entered into the following contract in writing:— '‘April the 1, 1891. “I the undersigned agree to mine on a pease of ground that has bin lade of for me by W. W. Gray for the Pacifick coast Boarx compna. I agree to mine out, clean, sack in oar house oar none as Borix of Lime on said ground for $23 twenty three dollars per…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
The record contains numerous assignments of error which have been ably presented and argued by counsel, but the assignment based upon the construction of the contract by the trial court is the only one necessary to consider at this time. It goes without saying that the *304agreement is inartificially drawn and evidently not by a professional hand. In orthography, grammar, and arrangement it is certainly not a model, yet it is the duty of the court to ascertain, if possible, from the language used, the intention of the parties, however imperfectly expressed. It…
2Cases cited4 opinions
- Lord v. GoldbergCalifornia Supreme Court · 1889
- Howard v. East Tenn., Va. & Ga. RailroadSupreme Court of Alabama · 1890
- Orr v. WardIllinois Supreme Court · 1874
- Wheeler v. WestCalifornia Supreme Court · 1886
3Cited by20 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Ewing v. RheaOregon Supreme Court · 1900
- Speeder Cycle Co. v. TeeterIndiana Court of Appeals · 1897
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