Krebs Hop Co. v. Livesley
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Moore. This is an action to recover damages for an alleged breach of a written agreement.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Moore. This is an action to recover damages for an alleged breach of a written agreement. The complaint states that the plaintiff is a corporation, and that the defendants are partners, and avers, in substance, that on August 25, 1904, a contract was consummated whereby the defendants stipulated to buy, and the plaintiff to sell, 500,000 pounds of prime Oregon hops, to be grown on the latter’s farm in Polk County, of which quantity 100,000 pounds were to be delivered f. o. b. cars at Independence, Oregon, or in like manner…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. An action involving an alleged prior breach of the' contract herein was determined by this court, which held that the conveyance of the farm, and the assignment of the advance payments which were to have been made on account of the purchase of the hops, did not render it impossible for the plaintiff to perform its part of the agreement, and therefore the alienations made to the bankers did not justify a rescission of the contract by the defendants. Krebs Hop Co. v. Livesley, 51 Or. 527 (92 Pac. 1084). The conclusion thus reached was in a different action,…
2Cases cited12 opinions
- Reissner v. OxleyIndiana Supreme Court · 1881
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Stager v. Troy Laundry Co.Oregon Supreme Court · 1902
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
- Holmes v. WhitakerOregon Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mogul Transportation Co. v. LarisonOregon Supreme Court · 1947
- Schucking v. YoungOregon Supreme Court · 1915
- Reimers v. BrennanOregon Supreme Court · 1917
- Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
- Finchum v. LyonsOregon Supreme Court · 1967
11 more not listed; retrieve them via the Exa API.