Barr v. Borthwick
Oregon Supreme Court
Appeal from Multnomah county: E.D.Shattuck, judge. This action is founded upon the following agreement in writing: “This agreement, made at Portland, Oregon, this twenty-first day of June, 1889, between Borthwick & Frame, parties of the first part, and S. M. Barr, party of the second part — witnesseth: Said party of the first part are to furnish cars sufficient to carry 1,500 cords of wood; said cars to be placed on what is known as Barr’s spur on the Oregon Railway &…
Read the full summary
Appeal from Multnomah county: E.D.Shattuck, judge. This action is founded upon the following agreement in writing: “This agreement, made at Portland, Oregon, this twenty-first day of June, 1889, between Borthwick & Frame, parties of the first part, and S. M. Barr, party of the second part — witnesseth: Said party of the first part are to furnish cars sufficient to carry 1,500 cords of wood; said cars to be placed on what is known as Barr’s spur on the Oregon Railway & Navigation Company’s railroad, and the said parties of the first part are to pay the party of the second part the sum of two…
1Opinion of the CourtBean, J.
The first question for our consideration is whether the court below erred in instructing the jury, that under the contract in this case the wood of the quality specified in the contract when put on board the cars for the defendants at Barr’s spur was thereafter at the risk of defendants, and that plaintiff thereafter had no further liability or responsibility in respect to the wood. The contention of defendants is that the measurement of the wood by the government at Walla Walla is made by the contract a condition precedent to the transfer of the property. This contract being in writing, must…
2Cases cited6 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Burrows v. . WhitakerNew York Court of Appeals · 1877
- Graff v. FitchIllinois Supreme Court · 1871
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
- Morawetz v. McGovernWisconsin Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hamilton & Rourke v. GordonOregon Supreme Court · 1892
- Grubbe v. GrubbeOregon Supreme Court · 1894
- Eaton v. BlackburnOregon Supreme Court · 1908