Legal Opinion

Oregon Lumber Co. v. Dwyer Overseas Timber Products Co.

Oregon Supreme Court

Decided November 22, 1977No. 419-283, SC 25088PublishedCited by 11 opinions

1Opinion of the Court

GILLETTE, J., Pro Tempore.

Plaintiff seller (Seller) filed this action to recover a balance allegedly due from the defendant buyer (Buyer) on a contract for the sale of lumber. Defendant denied there was a balance owing, contending that the lumber did not meet the grade it had ordered. Defendant also counterclaimed, seeking a partial refund of the amount already paid on the contract. The trial court, sitting without a jury, found for plaintiff; defendant appeals.

In late July or early August, 1973, Seller contacted Buyer about the possible sale of a shipment of lumber from a supply mill in…

2Cases cited9 opinions

  1. Lynx, Inc. v. Ordnance Products, Inc.Court of Appeals of Maryland · 1974
  2. Lanners v. WhitneyOregon Supreme Court · 1967
  3. Western Feed Co. v. HeidloffOregon Supreme Court · 1962
  4. Jay V. Zimmerman Co. v. General Mills, Inc.District Court, E.D. Missouri · 1971
  5. Nicholson v. JonesOregon Supreme Court · 1952

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Shooshanian v. WagnerAlaska Supreme Court · 1983
  2. T. J. Stevenson & Co. v. 81,193 Bags of FlourCourt of Appeals for the Fifth Circuit · 1980
  3. T. J. Stevenson & Co., Inc., a Corporation, and Counterclaimant, Appellee-Cross-Appellant v. 81,193 Bags of Flour, Etc., Adm Milling Co., Inc., Counterclaimant & Third Party Plaintiff- Cross-Appellee v. T. J. Stevenson & Co., Inc., Mv Nedon, Etc., as to Counterclaim, Republic of Bolivia, Ministry of Industry, Commerce and Tourism, Third Party Counterclaimant-Appellee, Cross-AppellantCourt of Appeals for the Third Circuit · 1980
  4. P & F Construction Corp. v. Friend Lumber Corp. of MedfordMassachusetts Appeals Court · 1991
  5. Thomas Creek Lumber & Log Co. v. ForesterCourt of Appeals of Oregon · 1998

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