H. R. Wyllie China Co. v. Vinton
Oregon Supreme Court
From Multnomah: E. V. Littlefield, Judge. Department 1. In this action the H. E. Wyllie China Company, a corporation, sued to recover the price of wares sold to George M. Vinton, and, while Vinton admits that he has not paid for the wares sold to him, he counterclaims by alleging that the plaintiff had refused to deliver other wares agreed by it to be delivered, thereby damaging him in an amount greater than the unpaid price of the wares which had been delivered.
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From Multnomah: E. V. Littlefield, Judge. Department 1. In this action the H. E. Wyllie China Company, a corporation, sued to recover the price of wares sold to George M. Vinton, and, while Vinton admits that he has not paid for the wares sold to him, he counterclaims by alleging that the plaintiff had refused to deliver other wares agreed by it to be delivered, thereby damaging him in an amount greater than the unpaid price of the wares which had been delivered. There was a verdict allowing the claim of the plaintiff, and disallowing the counterclaim of Vinton. The defendant appealed. The…
1Opinion of the CourtHarris, J.
It must be remembered that no order was accepted by the plaintiff after September 26th, and that all the orders involved in this controversy, except one, were given to and accepted by the plaintiff prior to September 26th. It must be remembered, too, that all the orders which had been filled had been paid for, except the orders filled on and between October 21st and October 30th, aggregating, with the prepaid freight charges, $1,168.42. It must also be remembered that on November 18th more than fifteen days had elapsed since October 30th, the date of the last invoice. It must likewise be…
2Cases cited13 opinions
- Henry v. HarkerOregon Supreme Court · 1911
- Feldman v. FoxSupreme Court of Arkansas · 1914
- Ohio Valley Buggy Co. v. Anderson Forging Co.Indiana Supreme Court · 1907
- Scott v. HubbardOregon Supreme Court · 1913
- Armsby v. Grays Harbor Commercial Co.Oregon Supreme Court · 1912
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3Cited by5 opinions
- Finchum v. LyonsOregon Supreme Court · 1967
- Calcagno v. HolcombOregon Supreme Court · 1947
- Ratcliffe v. Union Oil Co. of Calif.Oregon Supreme Court · 1937
- Willman v. AlverCourt of Appeals for the Ninth Circuit · 1958
- Willman v. AlverCourt of Appeals for the Ninth Circuit · 1958