Oregon Auto-Dispatch v. Port. Cordage Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. .Justice Eakin. This is an action to recover damages for breach of warranty, defendant having sold to plaintiff a manila rope, to be used by the plaintiff to lower a safe, weighing 4,700 pounds, from the third story of the Stearns building.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. .Justice Eakin. This is an action to recover damages for breach of warranty, defendant having sold to plaintiff a manila rope, to be used by the plaintiff to lower a safe, weighing 4,700 pounds, from the third story of the Stearns building. It is alleged “that defendant, with full knowledge of the purpose for which said rope was purchased, sold and delivered to plaintiff a certain four-strand manila rope, with the warranty that said rope so sold was of sufficient strength to safely lower and handle said safe.” It Is further alleged that…
1Opinion of the CourtJustice Eakin
There is but one question before us on this appeal, namely: are the findings of fact sufficient to support the judgment? The rule is that findings of fact, made by a court when an action is tried without the intervention of a jury, are equivalent to special verdicts and must be based upon, and as broad as, the material issues involved (Freeman v. Trummer, 50 Or. 287: 91 Pac. 1077); but, in the absence of a finding on a matter essential to the right of action or defense, such judgment must fail for want of support: Lewis v. Bank, 46 Or. 182 (78 Pac. 990).
The warranty sued on is that the rope…
2Cases cited2 opinions
- Freeman v. TrummerOregon Supreme Court · 1907
- Lewis v. First National BankOregon Supreme Court · 1904
3Cited by8 opinions
- Trust v. Arden Farms Co.California Supreme Court · 1958
- Turner v. CyrusOregon Supreme Court · 1919
- Landers v. Safeway Stores, Inc.Oregon Supreme Court · 1943
- Henderson v. ReynoldsOregon Supreme Court · 1910
- Pendergrass v. FairchildOregon Supreme Court · 1923
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