Oregon Auto-Dispatch v. Port. Cordage Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. .Justice Eakin. This is an action to recover damages for breach of warranty, defendant having sold to plaintiff a manila rope, to be used by the plaintiff to lower a safe, weighing 4,700 pounds, from the third story of the Stearns building.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. .Justice Eakin. This is an action to recover damages for breach of warranty, defendant having sold to plaintiff a manila rope, to be used by the plaintiff to lower a safe, weighing 4,700 pounds, from the third story of the Stearns building. It is alleged “that defendant, with full knowledge of the purpose for which said rope was purchased, sold and delivered to plaintiff a certain four-strand manila rope, with the warranty that said rope so sold was of sufficient strength to safely lower and handle said safe.” It Is further alleged that…
1Opinion
Decided May 12, 1908.
On Petition for Rehearing.
[95 Pac. 498.]
Opinion by
Mr. Justice Eakin.
3. Counsel for the defendant, by this petition, insists that negligence on the part of defendant must be the basis of plaintiff’s recovery; but no such element is involved. Assuming that the rope was perfect, yet, if it was not of sufficient strength to lower the safe, it did not fulfill the warranty; and, if the rope was broken by the weight of the safe, then there was a breach of the warranty. That such was the case is the legitimate inference from finding No. 3. We do not understand that the maxim “res…
2Cases cited2 opinions
- Kane v. RippeyOregon Supreme Court · 1892
- Darling Milling Co. v. ChapmanMichigan Supreme Court · 1902