Savage v. Salem Mills Co.
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. This is an action by George O. Savage against Salem Mills Co. to recover for wheat delivered to the defendant company by plaintiff and his assignors. The complaint contains 11 causes of action, but as they are all substantially the same, it will be necessary to refer to the pleadings only as they affect the first.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. This is an action by George O. Savage against Salem Mills Co. to recover for wheat delivered to the defendant company by plaintiff and his assignors. The complaint contains 11 causes of action, but as they are all substantially the same, it will be necessary to refer to the pleadings only as they affect the first. It is alleged that the defendant is a corporation doing a general milling business; that at all the times mentioned in the complaint, and for many years prior thereto, it had owned and operated a flouring…
1Opinion of the CourtChief Justice Bean
1. The defendant contends that the complaint states a cause of action for breach of the contract under which the wheat was delivered by plaintiff and his assignors and received by it, and also for a conversion of such wheat; hence the demurrer to the complaint, or the motion made at the trial to require the plaintiff to elect upon which cause of action he would proceed, should have been sustained. But, as we read the complaint, it states but 'one cause of action, and that on. contract. It sets out in detail the terms of the agreement under which the wheat was delivered and received, and…
2Cases cited21 opinions
- Morningstar v. CunninghamIndiana Supreme Court · 1887
- Lyon v. LenonIndiana Supreme Court · 1886
- McCulsky v. KlostermanOregon Supreme Court · 1890
- Holmes v. WhitakerOregon Supreme Court · 1892
- Hamilton v. BlairOregon Supreme Court · 1892
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Patty v. Salem Flouring Mills Co.Oregon Supreme Court · 1909
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- Prudential Trust Co. v. Merchants' Nat. BankOregon Supreme Court · 1913
29 more not listed; retrieve them via the Exa API.