Wm. Brown & Co. v. Duda
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. Department 2. At Mt. Angel on November 15, 1916, for an expressed consideration of $1, the defendant acknowledged in writing: “I have this day sold to F. M. Morley 131 bales of my 1916 growth of hops like sample submitted at 10% cents per pound (tare 5 lbs.), delivered f. o. b. cars or boat Mt. Angel, subject to inspection and acceptance.”
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From Marion: Percy E. Kelly, Judge. Department 2. At Mt. Angel on November 15, 1916, for an expressed consideration of $1, the defendant acknowledged in writing: “I have this day sold to F. M. Morley 131 bales of my 1916 growth of hops like sample submitted at 10% cents per pound (tare 5 lbs.), delivered f. o. b. cars or boat Mt. Angel, subject to inspection and acceptance.” After the hops were inspected and accepted and the agreed purchase price was tendered, for failure of the defendant to deliver the hops to the plaintiff pursuant to the writing, the latter commenced an action against the…
1Opinion of the CourtJohns, J.
1, 2. The action was brought and tried upon the theory that the contract between the defendant and Morley was in fact made with the plaintiff; that at the time of its execution the defendant knew Morley to be the agent of the plaintiff and that in the execution of the contract he was dealing with the plaintiff. The right to prove such a fact by parol testimony is sustained by the opinion of this court in Barbre v. Goodale, 28 Or. 465 (38 Pac. 67, 43 Pac. 378). It appears from the bill of exceptions that the plaintiff offered testimony tending to prove this fact and that the defendant denied…
2Cases cited1 opinion
- Barbre v. GoodaleOregon Supreme Court · 1896
3Cited by6 opinions
- Moini v. HewesCourt of Appeals of Oregon · 1988
- Blomquist v. JenningsOregon Supreme Court · 1926
- Domingo v. AndersonCourt of Appeals of Oregon · 1996
- Gilbert Pacific Corp. v. State ex rel. Department of TransportationCourt of Appeals of Oregon · 1991
- Pennick v. American National BankOregon Supreme Court · 1928
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