Ward v. McKinley
Oregon Supreme Court
From Deschutes: T. E. J. Duffy, Judge. Department 1. This is an action for damages for breach of a contract for sale and delivery of lumber. The facts, as alleged in the complaint, are as follows: “II.
Read the full summary
From Deschutes: T. E. J. Duffy, Judge. Department 1. This is an action for damages for breach of a contract for sale and delivery of lumber. The facts, as alleged in the complaint, are as follows: “II. That on or about July 2, 1917, said defendants as such copartners made and entered into a certain contract with plaintiff, whereby for a valuable consideration said defendants agreed to sell and deliver to plaintiff, f.o.b. cars at Bend, Oregon, and plaintiff agreed to buy all of the one-inch and thicker grades of No. 3 common and better pine lumber that said defendants should saw and…
1Opinion of the CourtMcBRIDE, C. J.
1, 2. There is but one question raised on this appeal: Is the contract pleaded in defendants’ answer unilateral? If it is, the judgment of the Circuit Court must be affirmed. If not, there must be a reversal. If plaintiff is so bound by the contract, to order and receive the minimum amount of lumber therein provided for, the defendants would have a remedy against him for damages for failure to order such amount, in which event there is no want of mutuality. This is the test. If plaintiff is not so bound, the agreement does not rise beyond the dignity of a mere option to purchase from the…
2Cases cited18 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Livesley v. JohnstonOregon Supreme Court · 1904
- American Cotton Oil Co. v. KirkCourt of Appeals for the Seventh Circuit · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
- Ash v. Chas F. Noble Oil & Gas Co.Supreme Court of Oklahoma · 1923
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- J. D. Harms, Inc. v. MeadeWashington Supreme Court · 1936
- Yreka Lum. Co. v. Lystul-Stuveland Lum. Co.Oregon Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.