Hewitt v. Huffman
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action brought by plaintiffs against defendants issuing out of an alleged breach of contract.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action brought by plaintiffs against defendants issuing out of an alleged breach of contract. The complaint avers that on October 26, 1907, plaintiffs, as partners, were the owners of a bjack Perdieron stallion of about 1,800 pounds weight, and of the value of $2,000; that defendant was in possession of a small stallion named Mosco, of the value of about $1,000, of which, he represented to plaintiffs, he had full right to dispose; that on said date plaintiffs and defendant entered into a trade or swap, whereby it…
1Opinion of the CourtJustice McBride
1. It is claimed by the defendant that he cannot be held personally liable in this action because he acted as agent of A. C. Ruby & Co., but we cannot assume.in the face of the testimony that such fact was established. The mere fact that he took notes from the plaintiffs, payable to A. C. Ruby & Co., while a circumstance tending to corroborate his contention, is not conclusive. It is not unusual for a person dealing on his own account to take paper payable to a third party.
2. The evidence of plaintiffs tended to show that he was acting on his own account, and, as the testimony was…
2Cited by2 opinions
- Harlow v. ChenowethOregon Supreme Court · 1938
- Mitchell v. Southern Pacific Co.Oregon Supreme Court · 1922