Hillyard v. Hewitt
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by L. O. Hillyard and F. D. Raforth, partners, doing business under the firm name and style of Burglar Proof Lock Co., against J. A. Hewitt, to recover the price of a consignment of locks furnished to defendant, upon an alleged written contract or order for their purchase.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is an action by L. O. Hillyard and F. D. Raforth, partners, doing business under the firm name and style of Burglar Proof Lock Co., against J. A. Hewitt, to recover the price of a consignment of locks furnished to defendant, upon an alleged written contract or order for their purchase. Defendant answered by a general denial, and for a further defense alleged that in June, 1909, at Salem, Oregon, plaintiffs agreed to appoint, by a properly executed written instrument, defendant as their general agent and salesman,…
1Opinion of the CourtJustice McBride
1. Where a contract, complete in its terms, is shown to have been executed by the parties, it is clear that one will not be permitted to add other terms by parol evidence ; but this rule does not prohibit a party from showing that what appears to be a contract is not so in fact, but is merely a part of a larger transaction, which has never been completed. Lawson, Contracts (2 ed.) §§ 382, 383; Greenleaf, Evidence, (16 ed.) § 284a; Branson v. Oregonian Ry. Co., 11 Or. 161 (2 Pac. 86) ; Allen v. Konrad, 59 App. Div. 21 (68 N. Y. Supp. 1057).
*622. The testimony tends to show that the contract…
2Cases cited5 opinions
- Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
- La Grande National Bank v. BlumOregon Supreme Court · 1895
- Aerne v. GostlowOregon Supreme Court · 1911
- Branson v. Oregonian Railway Co.Oregon Supreme Court · 1883
- Allen v. KonradAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by10 opinions
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Columbia County v. Consolidated Contract Co.Oregon Supreme Court · 1917
- Thomas v. Smith-Wagoner Co.Oregon Supreme Court · 1925
- Bailey v. OppOregon Supreme Court · 1938
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