Parlin v. Barnett
Oregon Supreme Court
From Sherman : W. L. Bradshaw, Judge. This is an appeal by the Parlin & Orendorff Company, a corporation, from a judgment of $52.50 rendered against it in favor of W. M. Barnett. It is alleged in the complaint that the plaintiff corporation sold and delivered to Barnett goods, wares and merchandise of the agreed value of $642.75, on account of which he paid the sum of $519.30, leaving a balance due of $123.45, which it sought to recover.
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From Sherman : W. L. Bradshaw, Judge. This is an appeal by the Parlin & Orendorff Company, a corporation, from a judgment of $52.50 rendered against it in favor of W. M. Barnett. It is alleged in the complaint that the plaintiff corporation sold and delivered to Barnett goods, wares and merchandise of the agreed value of $642.75, on account of which he paid the sum of $519.30, leaving a balance due of $123.45, which it sought to recover. The defendant, after denying the material allegations of the complaint, avers that he entered into a contract with plaintiff whereby it agreed to deliver…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that the jury, having required plaintiff to pay a certain sum of money and the defendant to return an indefinite quantity of goods, enjoined upon the parties mutual conditions which were impossible of enforcement in the action, thereby rendering their verdict void, and that the court, having rejected the finding as to the return of the goods, erred in rendering the judgment complained of. The only issue as to the sale of the goods relates to the cultivator, valued at $27.50, notwithstanding which the bill of exceptions discloses that testimony was…
2Cases cited2 opinions
- Pennington v. BowmanSupreme Court of Pennsylvania · 1840
- McFall v. SmithAppellate Court of Illinois · 1890