Beedle v. Stondall Land & Timber Co.
Oregon Supreme Court
From Washington: George E. Bagley, Judge. Department 2. In this case the defendant is a Wisconsin corporation, and the plaintiff brings this action to recover damages for the alleged breach of a contract by which the plaintiff was empowered to sell a large amount of timber for _ the defendant company, and for the sale of which he was to receive a commission of 5 per cent of the selling price.
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From Washington: George E. Bagley, Judge. Department 2. In this case the defendant is a Wisconsin corporation, and the plaintiff brings this action to recover damages for the alleged breach of a contract by which the plaintiff was empowered to sell a large amount of timber for _ the defendant company, and for the sale of which he was to receive a commission of 5 per cent of the selling price. There was a motion to quash the summons in the court below, which was decided in favor of the defendant, and the decision upon this motion presents the only question upon the appeal. The affidavits…
1Opinion of the CourtBennett, J.
We do not think that the service of summons in this case was sufficient to give the court jurisdiction in a personal action of this kind. At the time of the execution of the contract, both the plaintiff and defendant were residents of the State of Wisconsin, and the contract was executed there. There is nothing to show- that the contract was to be fulfilled in the State of Oregon, unless that can be assumed from the mere fact that the property to be sold was situated in this state.
There is a very evenly balanced conflict between the authorities as to whether sutíh contract executed between…
2Cases cited4 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Kinkade v. MyersOregon Supreme Court · 1889
- Whittier v. WoodsOregon Supreme Court · 1910
3Cited by22 opinions
- State v. ClarkOregon Supreme Court · 1981
- Warren v. MARION COUNTYOregon Supreme Court · 1960
- Hewitt v. State Accident Insurance Fund Corp.Oregon Supreme Court · 1982
- Andersen v. King CountyWashington Supreme Court · 2006
- Savage v. MartinOregon Supreme Court · 1938
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