Johnson v. Homestead-Iron Dyke Mines Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. This is an action prosecuted by Percy M. Johnson against Homestead-Iron Dyke Mines Company, a corporation, operating a mine at Homestead, Baker County, Oregon, for breaching a contract to haul concentrates. The town of Homestead is the terminus of what is known as the Homestead Branch of the Oregon Short Line Railroad Company, which connects Homestead with Huntington.
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From Baker: Gustav Anderson, Judge. In Banc. This is an action prosecuted by Percy M. Johnson against Homestead-Iron Dyke Mines Company, a corporation, operating a mine at Homestead, Baker County, Oregon, for breaching a contract to haul concentrates. The town of Homestead is the terminus of what is known as the Homestead Branch of the Oregon Short Line Railroad Company, which connects Homestead with Huntington. Between the stations- of Homestead and Oxbow the railroad passes through a tun-' nel 2,30Q feet in length. Near the north end of the tunnel is situated the town of Gopperfield; at the…
1Opinion of the CourtBrown, J.
In defendant’s abstract of record appear fifty-five assignments of error. In its brief it rests its cause upon seven propositions, which it vigorously maintains. The plaintiff alleged damage by reason of four asserted breaches by defendant of the contract between the parties, and stated his rights of action growing out of said breaches as separate causes in one complaint. The court having overruled the defendant’s motion requiring the plaintiff to elect upon which of his alleged causes of action he would rely, it assigns the court’s action as error.
1, 2. We are not convinced that the court…
2Cases cited41 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Livesley v. JohnstonOregon Supreme Court · 1904
- Woods v. WikstromOregon Supreme Court · 1913
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Sullivan v. WakefieldOregon Supreme Court · 1913
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3Cited by14 opinions
- Jansen v. TylerOregon Supreme Court · 1935
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- Kulm v. Coast-To-Coast Stores Central Organization, Inc.Oregon Supreme Court · 1967
- McGrath v. White Motor CorporationOregon Supreme Court · 1971
- Champion Et Ux. v. Hammer Et Ux.Oregon Supreme Court · 1946
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