Shattuck v. Smith
Oregon Supreme Court
Appeal from Multnomah County. About the 18th of October, 1869, J. B. Harter entered into a written contract with the appellants and one J. H. Hayden, who were then the owners of a steam saw-mill in the city of Portland, and the block of ground on which the same is situate, and doing business as copartners, by the firm name of Hayden, Smith & Co., by the terms of which contract it was provided that on the 1st day of April, 1870, Harker should pay to said firm the sum of…
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Appeal from Multnomah County. About the 18th of October, 1869, J. B. Harter entered into a written contract with the appellants and one J. H. Hayden, who were then the owners of a steam saw-mill in the city of Portland, and the block of ground on which the same is situate, and doing business as copartners, by the firm name of Hayden, Smith & Co., by the terms of which contract it was provided that on the 1st day of April, 1870, Harker should pay to said firm the sum of $11,000 in coin, in consideration whereof he should become a member of said copartnership, and the owner of an undivided…
1Opinion of the Court
By the Court,
Mosher, J.:
In order to determine whether the court was in error in giving or refusing the several instructions asked, it is necessary to interpret the contract or contracts as set up in the pleadings and established by the evidence. The appellants contend that the contract of Harker with Hayden, Smith & Co., and the contract between Harker and the appellants, including the deed from Harker to appellants for the land *129in the complaint mentioned, are to be taken and construed together as one entire contract. And they maintain that the purchase-price of the land conveyed by Harker to…
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