Longfellow v. Huffman
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This is an action by N. C. Longfellow against John W. and Arnold R. Huffman, partners as Huffman & Son, to recover damages for an alleged breach of an agreement.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Chief Justice Moore. This is an action by N. C. Longfellow against John W. and Arnold R. Huffman, partners as Huffman & Son, to recover damages for an alleged breach of an agreement. The facts are that on October 1, 1904, the defendants executed to the plaintiff a promissory note for $2,676, payable on or before two years, and to secure the payment thereof they at the same time executed to him a mortgage of 35 bucks and 1,400 ewes, together with their increase. The defendants, as the parties of the first part, and the plaintiff, as the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. In the former opinion it was said: “If it is true, as argued by plaintiff in his brief, but denied in his pleadings, that defendants voluntarily paid and discharged the promissory note before the time for performance had arrived, and thus by their own act put it out of the power of plaintiff to perform his part of the contract, that fact should have been averred in the complaint as an excuse for non-performance, and is unavailing to the plaintiff until so pleaded.” Longfellow v. Huffman, 49 Or. 486 (90 Pac. 907, 910.) The complaint in the case at bar…
2Cases cited13 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Norrington v. WrightSupreme Court of the United States · 1885
- Hill v. . BlakeNew York Court of Appeals · 1884
- Holmes v. WhitakerOregon Supreme Court · 1892
- Longfellow v. HuffmanOregon Supreme Court · 1907
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3Cited by6 opinions
- Libby Creek Logging, Inc. v. JohnsonOregon Supreme Court · 1960
- Finchum v. LyonsOregon Supreme Court · 1967
- Longfellow v. HuffmanOregon Supreme Court · 1910
- H. R. Wyllie China Co. v. VintonOregon Supreme Court · 1920
- Nott-Atwater Co. v. BerryWashington Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.