Loomis v. MacFarlane
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is a suit by L. E. Loomis against Fred MacFarlane and George L. Colwell to reform a written contract and to enforce it when reformed. For about two years immediately prior to December 1, 1904, defendant MacFarlane had been operating a log boom’ at Ilwaco, State of Washington, where logs were formed into rafts for the purpose of being towed by the owners to Portland in this State.
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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. This is a suit by L. E. Loomis against Fred MacFarlane and George L. Colwell to reform a written contract and to enforce it when reformed. For about two years immediately prior to December 1, 1904, defendant MacFarlane had been operating a log boom’ at Ilwaco, State of Washington, where logs were formed into rafts for the purpose of being towed by the owners to Portland in this State. The boom was owned and had been kept in repair by the Ilwaco Eailway & Navigation Co., a corporation, which brought logs by its…
1Opinion of the Court
'Opinion by
Mr. Commissioner Slater.
The answer admits the necessity of reforming the instrument. set forth in the complaint so that it will require the amount of earnings therein guarantied shall be ascertained on August 1, 1905; but it denies that the $475 guarantied by the contract were to be net earnings, and also denies that the business was carried on by plaintiff in a faithful, business and workmanlike manner, as required by the contract. The equitable jurisdiction to reform the instrument in that respect is, therefore, admitted, but it remains for us to determine the extent of the…
2Cases cited3 opinions
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
- Campfield v. LangU.S. Circuit Court for the District of Eastern Wisconsin · 1885
- McFadden v. FriendlyOregon Supreme Court · 1881
3Cited by7 opinions
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
- Salem King's Products Co. v. RampOregon Supreme Court · 1921
- Landura Corporation v. SchroederOregon Supreme Court · 1975
- Furst & Thomas v. ElliottIdaho Supreme Court · 1936
- Kirkeby v. Covenant HouseCourt of Appeals of Oregon · 1998
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