Holmes v. Whitaker
Oregon Supreme Court
Polk County: Reuben P. Boise, Judge. Action by W. H. Holmes, administrator of the estate of Robert Ford, deceased, and J. M. Leavens & Co. against George Whitaker and R. H. Bone. ■ Judgment for defendants. Plaintiffs appeal.
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Polk County: Reuben P. Boise, Judge. Action by W. H. Holmes, administrator of the estate of Robert Ford, deceased, and J. M. Leavens & Co. against George Whitaker and R. H. Bone. ■ Judgment for defendants. Plaintiffs appeal. This is an action to recover the sum of $1,500, paid by plaintiffs to defendants on a contract for the purchase of about ten thousand bushels of potatoes, stored in bins on what is known as Brown’s Island in the Willamette River, about two miles above the city of Salem, and which were never delivered to plaintiffs by defendants. The contract for the sale and purchase of…
1Opinion of the CourtBean, J.
(after stating the facts). — Brown’s Island, referred to in the contract between the parties to this suit, is situated in the Willamette River about two miles above Salem, and there is no way of getting produce therefrom except by one of the steamboats plying on the river; nor is there any warehouse or building on the island at the boat landing in which such produce can be stored awaiting shipment, but it must be put on board a boat immediately after its delivery at the landing in order to protect it from damage by the elements.
1. On the trial of this action, defendants gave evidence tending…
2Cases cited7 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Barlow v. LambertSupreme Court of Alabama · 1856
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- McCulsky v. KlostermanOregon Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- Simms v. SullivanOregon Supreme Court · 1921
- Durkee v. CarrOregon Supreme Court · 1900
18 more not listed; retrieve them via the Exa API.