Eaton v. Blackburn
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Justice Moore. This is an action by A. E. Eaton against Edward Blackburn and C. Ii. Breck, partners as Blackburn & Breek, to recover the sum of $233.70. The facts are that the defendants agreed to purchase from the plaintiff five car loads of baled ha3r, f. o. b., at Nodine Spur, Union County, to be transported to Baker City, and to pa3r therefor $11.50 a ton.
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From Baker: Samuel White, Judge. Statement by Mr. Justice Moore. This is an action by A. E. Eaton against Edward Blackburn and C. Ii. Breck, partners as Blackburn & Breek, to recover the sum of $233.70. The facts are that the defendants agreed to purchase from the plaintiff five car loads of baled ha3r, f. o. b., at Nodine Spur, Union County, to be transported to Baker City, and to pa3r therefor $11.50 a ton. The plaintiff shipped two car loads, containing 20 tons and 645 pounds, but the defendants, never having seen any of the hay before it reached Baker City, refused to accept it on the…
1Opinion of the Court
Hr. JusTrcE Moore
delivered the opinion of the court.
1. M. S. Hughes, as plaintiffs witness, testified that he had managed a farm for 20 years; that he was familiar with the handling and selling of hay; and that he had minutely examined the hay in question, and was asked:
■'“Have you seen and observed hay selling in the market here iu Baker City this winter; do you know the kind of hay that is sold here by the stores?”
He answered:
“Yes; I have.”
Q. “State whether or not this hay you saw there is considered as marketable hay here in Baker City, compared with other kind that is sold here ?”
An…
2Cases cited4 opinions
- State v. SavageOregon Supreme Court · 1900
- Stanley v. SmithOregon Supreme Court · 1887
- Beers v. AylsworthOregon Supreme Court · 1902
- Wood v. United StatesSupreme Court of the United States · 1875
3Cited by5 opinions
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Bliss v. SchlundNebraska Supreme Court · 1932
- Hess v. BowenDistrict Court, S.D. Iowa · 1916
- Holoubek v. RomshekNebraska Court of Appeals · 2008
- State v. WilliamsWashington Supreme Court · 1949