Dose v. Tooze
Oregon Supreme Court
From Marion : Geo. H. Burnett, Judge. Action by Fred Dose against W. L. Tooze to recover damages for the alleged breach, of a contract.
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From Marion : Geo. H. Burnett, Judge. Action by Fred Dose against W. L. Tooze to recover damages for the alleged breach, of a contract. The substance of the complaint is that on August 11, 1896, defendant was engaged in business at Woodburn, Oregon, as a produce merchant, dealing in grain, potatoes, and wool, and owned at that city and operated a warehouse in connection therewith, containing as fixtures, a boiler, engine, and other machinery, which property on that day, in consideration of $1,500, he sold to plaintiff, and in the bill of sale evidencing the transfer stipulated not to engage,…
1Opinion of the CourtJustice Moore
At the trial, plaintiff called nine witnesses, by whom he proved that subsequent to August 11, 1896, defendant purchased from them, in the cities of Woodburn, Hubbard, and Gervais, such commodities as he had agreed not to deal in, but was not permitted to prove by them the quantity so purchased, or the sum paid therefor ; nor allowed to call fifty other witnesses, whose attendance he procured, to testify in relation to the quantity or value of such commodities sold by them to the defendant after that date within said territory, which action of the court is assigned as error. This-testimony…
2Cases cited14 opinions
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Gregory v. SpiekerCalifornia Supreme Court · 1895
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- Pengra v. WheelerOregon Supreme Court · 1893
- O'Leary v. RowanSupreme Court of Missouri · 1860
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. PallayOregon Supreme Court · 1929
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Sather v. GiaconiOregon Supreme Court · 1923
- Hoskins v. ScottOregon Supreme Court · 1908
- Norvell v. Portland Metropolitan Area Local Government Boundary CommissionCourt of Appeals of Oregon · 1979
8 more not listed; retrieve them via the Exa API.