Rothchild Bros. v. Lomax
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Rothchild Bros., a corporation, against Leroy Lomax. It appears by the complaint filed October 10, 1912, that the defendant adressed to the plaintiff, a corporation, the following letter: “Portland, Or., Feb. 24, 1912. “Messrs.
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From Multnomah: Robert G. Morrow, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Rothchild Bros., a corporation, against Leroy Lomax. It appears by the complaint filed October 10, 1912, that the defendant adressed to the plaintiff, a corporation, the following letter: “Portland, Or., Feb. 24, 1912. “Messrs. Rothchild Bros., City— “Gentlemen: I hereby agree to stand as surety for I. D. Watson to you on any credit which you may extend to him not exceeding the sum of $500, and hereby guarantee the payment of such account to that amount. “Leroy Lomax/'’ It is then…
1Opinion of the CourtJustice Burnett
Several questions were presented at the argument, only one of which we find it necessary to consider, and that depends upon the sufficiency of the complaint. It does not appear that the plaintiff requested the execution of the instrument embodied in the letter addressed to it. Neither is it disclosed that the plaintiff advanced or agreed to pay to the defendant any consideration for the obligation sought to be enforced. A fair construction of the complaint and of the writing itself leads to the conclusion that the goods were sold directly to Watson upon his individual liability, and that the…
2Cases cited2 opinions
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
3Cited by6 opinions
- Bank of Jordan Valley v. DuncanOregon Supreme Court · 1922
- Balfour, Guthrie & Co. v. KnightOregon Supreme Court · 1917
- Wall Street Management & Capital, Inc. v. CritesCourt of Appeals of Oregon · 2015
- Ladd & Bush v. HayesCourt of Appeals for the Ninth Circuit · 1939
- Public Fire Insurance v. WeatherlyOregon Supreme Court · 1934
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