Bagot v. Inter-Mountain Milling Co.
Oregon Supreme Court
From Multnomah; Robert Tucker, Judge. Department 1. At the times alleged, W. R. Bagot was doing business in the City of Portland, Oregon, under the firm name of W. R. Bagot & Co., and duly executed and filed his firm certificate with the county clerk. The defendant was a corporation organized and existing under the laws of the State of Montana, but was not licensed to do business as a foreign corporation in this state.
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From Multnomah; Robert Tucker, Judge. Department 1. At the times alleged, W. R. Bagot was doing business in the City of Portland, Oregon, under the firm name of W. R. Bagot & Co., and duly executed and filed his firm certificate with the county clerk. The defendant was a corporation organized and existing under the laws of the State of Montana, but was not licensed to do business as a foreign corporation in this state. In the first cause of action it is alleged that between February 25 and March 25, 1919, plaintiff and defendant entered into a contract in which the corporation agreed to…
1Opinion of the CourtJohns, J.
It is admitted that McKinnon was the salesman of the defendant. The plaintiff claims that he had general powers and full authority to fix the price and to take, accept and confirm orders for flour, and that through him the plaintiff entered into a contract with the defendant for the purchase and sale of 800 barrels of flour to be delivered at Portland, at the agreed price of $9.50 per barrel; that later it entered into another and different contract for the same amount of flour and at the same price. Plaintiff also claims that the defendant held out and represented to the plaintiff that…
2Cases cited4 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Bauman v. McManusSupreme Court of Kansas · 1907
- Baker v. SeaweardOregon Supreme Court · 1912
- Courtney Shoe Co. v. E. W. Curd & SonCourt of Appeals of Kentucky · 1911
3Cited by5 opinions
- Webster v. HarrisOregon Supreme Court · 1950
- Salquist v. Oregon Fire Relief Ass'nOregon Supreme Court · 1921
- Jones v. Marshall-Wells Co.Oregon Supreme Court · 1922
- Held v. Puget Sound & Alaska Powder Co.Oregon Supreme Court · 1931
- Nelson Equipment Co. v. HarnerOregon Supreme Court · 1951