Mine Supply Co. v. Columbia Mining Co.
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Chiep Justice Bean. This is an action by the Mine & Smelter Supply Co. against the Columbia Gold Mining Co. The plaintiff is a dealer in mining machinery and supplies at Denver, Colo., and the defendant is a mining corporation in Baker County, in this state.
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From Baker: Samuel White, Judge. Statement by Mr. Chiep Justice Bean. This is an action by the Mine & Smelter Supply Co. against the Columbia Gold Mining Co. The plaintiff is a dealer in mining machinery and supplies at Denver, Colo., and the defendant is a mining corporation in Baker County, in this state. In August, 1904, the plaintiff was advised that the defendant desired to remodel and enlarge its mill and mining-plant, and thereupon sent an agent to sell to it such machinery and appliances as it might need. After looking over the mine, and being informed by the defendant’s officers of…
1Opinion of the CourtChief Justice Bean
It is unnecessary to notice the several assignments of error in detail. They involve substantially two questions: (1) Whether there was an implied warranty on the part of the plaintiff that the Huntington mill sold by it to defendant would successfully reduce the ores of defendant’s mine, and was fit and proper for the purpose intended; and (2) the measure of damages, if there was a breach of the contract by plaintiff.
1. There was no -express warranty of the character or capacity of the mill, but the court instructed the jury that, if plaintiff was aware of the purpose for which it was to be…
2Cases cited11 opinions
- Norton v. . DreyfussNew York Court of Appeals · 1887
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Goulds v. BrophySupreme Court of Minnesota · 1889
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kitchin v. Oregon Nursery Co.Oregon Supreme Court · 1913
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- J. L. Latture Equipment Co. v. Gruendler Patent Crusher & Pulverizer Co.Oregon Supreme Court · 1930
- Swank v. BattagliaOregon Supreme Court · 1917
- Butte Floral Co. v. ReedMontana Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.