Mitchell v. La Follett
Oregon Supreme Court
From Marion: Geo H. Burnett, Judge. Action by McKinley Mitchell against J. W. La Follett, brought on July 9, 1898, by the plaintiff, Mitchell, against the defendant, La Follett, to recover damages for a breach of the following contract: “Gervais, Oregon, May 17, 1898. “This is to certify that I have this day sold to McKinley Mitchell, of Gervais, Oregon, all my potatoes supposed to be 700 to 900 sacks, outside of the seed stock, on the following conditions, as follows, to…
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From Marion: Geo H. Burnett, Judge. Action by McKinley Mitchell against J. W. La Follett, brought on July 9, 1898, by the plaintiff, Mitchell, against the defendant, La Follett, to recover damages for a breach of the following contract: “Gervais, Oregon, May 17, 1898. “This is to certify that I have this day sold to McKinley Mitchell, of Gervais, Oregon, all my potatoes supposed to be 700 to 900 sacks, outside of the seed stock, on the following conditions, as follows, to wit: All stock put up as strictly choice fancy potatoes, to be 25 cents per bushel, net cash, on delivery on the river,…
1Opinion of the CourtChief Justice Bean
1. Upon the trial, the defendant, as a witness in his own behalf, gave evidence tending to show that on May 27 the plaintiff requested that the potatoes be delivered at Brooks Station, instead of the river, as stipulated in the contract, and that when he declined to do so the plaintiff unequivocally refused to accept the potatoes, and so notified the defendant. He was thereupon asked the following questions: “Well, then, what did you do with the potatoes after he went away ? A. I kept on sacking them. Q. Did you have all your sacks *181there at that time, and, if not, where did you get the…
2Cited by3 opinions
- La Follett v. MitchellOregon Supreme Court · 1902
- Lewis v. CraftOregon Supreme Court · 1901
- Gunderson Bros. Engineering Corp. v. Department of RevenueOregon Tax Court · 1973