Smith v. Interior Warehouse Co.
Oregon Supreme Court
From Wheeler: Henry J. Bean, Judge. This is a suit by E. L. Smith against the Interior Warehouse Co. to reform two contracts for the sale of 27,500 sacks of wheat by plaintiff to the defendant. From a judgment in favor of defendant, plaintiff appeals. The case was submitted on briefs, under the proviso of Rule 16: 50 Or. 580.
1Opinion of the CourtJustice Eakin
This is a suit to reform two contracts. On September 8, 1904, plaintiff and defendant, by its agent, A. L. Knight, made an agreement as to the sale of a large amount of wheat by Smith to the defendant, the terms of which sale Knight attempted to embody in a printed form used by defendant in such purchases. The same was signed by the plaintiff, and is in the following words, viz.:
*579“Buyer’s Copy (forwarded to Portland Office). Grain rioTvfll,Sl (*'f"
Pendleton, Or., Sept. 8, 1904.
I have today sold to the Interior Warehouse Company for delivery on, or before, Nov. 1, 1904, twenty-seven thousand…
2Cases cited2 opinions
- Stein v. PhillipsOregon Supreme Court · 1906
- King v. HolbrookOregon Supreme Court · 1901
3Cited by15 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Interior Warehouse Co. v. DunnOregon Supreme Court · 1916
- Howard v. TettelbaumOregon Supreme Court · 1912
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- Hughey v. SmithOregon Supreme Court · 1913
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