Wadhams v. Balfour
Oregon Supreme Court
From Multnomah.: E. D. Shattuck, Judge. Plaintiff, a corporation, sued defendants, a copartnership, under the name of Balfour, Guthrie ,& Company, to recover the contract price of a certain carload of wheat, consisting of 600 bushels, which it is alleged, plaintiff sold and delivered to the defendants.
Read the full summary
From Multnomah.: E. D. Shattuck, Judge. Plaintiff, a corporation, sued defendants, a copartnership, under the name of Balfour, Guthrie ,& Company, to recover the contract price of a certain carload of wheat, consisting of 600 bushels, which it is alleged, plaintiff sold and delivered to the defendants. The-cause having been tried without the intervention of a. jury, the court made, among others, the following findings of fact: “ (2) That on the nineteenth day of September, 1894, the plaintiff was the consignee of 270 sacks of.wheat loaded on car No. 41,796 of the Union Pacific Railroad…
1Opinion of the CourtJustice Wolverton
The pivotal question is, in whom did the title to the carload of wheat rest at the time it was consumed? The action is for the purchase price of wheat sold and delivered, and if there was no delivery, so as to pass title, there can be no recovery; and of this we must inquire. The court below found that the title passed by the indorsement and delivery of the bill of lading. This, however, is a conclusion of law, and must be déduced from the findings of fact. Defendants contend that such a conclusion does not follow from the facts found. Was the contract entered into by the parties a mere…
2Cases cited29 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Pope v. AllisSupreme Court of the United States · 1885
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Magee v. BillingsleySupreme Court of Alabama · 1842
24 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Pokorny v. WilliamsOregon Supreme Court · 1953
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Meyer v. Everett Pulp & Paper Co.Court of Appeals for the Ninth Circuit · 1912
- Lewiston Milling Co. v. CardiffCourt of Appeals for the Ninth Circuit · 1920
3 more not listed; retrieve them via the Exa API.