Hanthorn v. Quinn
Oregon Supreme Court
From Columbia: Thomas A. McBride;, Judge. This is a suit by J. O. Hanthorn against James Quinn for the dissolution of an alleged partnership, and for an accounting. The defendant is the owner of fishing grounds and a fishing right on the Columbia River. Prior to 1894 he had operated fish traps thereon, hut they were partly washed out and destroyed by the flood of that year.
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From Columbia: Thomas A. McBride;, Judge. This is a suit by J. O. Hanthorn against James Quinn for the dissolution of an alleged partnership, and for an accounting. The defendant is the owner of fishing grounds and a fishing right on the Columbia River. Prior to 1894 he had operated fish traps thereon, hut they were partly washed out and destroyed by the flood of that year. In the fall, he approached the plaintiff, who is a cannery man in Astoria, with the design of making some arrangement by which the ground could be cleared of the remnants of the fish traps, and operated as a seining…
1Opinion of the CourtJustice Bean
There is no controversy as to the amount to be recovered in case the defendant is liable. Nor is there any serious question that the written contract set out in the complaint does not embody the terms of the agreement between the parties. The defendant alleges, and gave some evidence tending to show, that it should have contained a provision exonerating him from liability for any losses incurred in conducting the enterprise, and that it was omitted from the agreement by mistake; but it is very clear from the testimony that the written instrument contains the actual terms of the contract…
2Cases cited10 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Flower v. BarnekoffOregon Supreme Court · 1890
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- State v. KnightenOregon Supreme Court · 1901
- Willis v. CrawfordOregon Supreme Court · 1901
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3Cited by19 opinions
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- Application of Diamond State Tel. Co.Superior Court of Delaware · 1954
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