Shaw Wholesale Co. v. Hackbarth
Oregon Supreme Court
From Wallowa: J. W. Knowles, Judge, In Banc. Plaintiff brings this action for damages for breach of a contract. The cause was tried by the court without a jury. From a judgment in favor of plaintiff defendant appeals. The material facts alleged are as follows: Plaintiff is an Idaho corporation. Defendant A. Hackbarth is doing business as the Lapwai Lumber Company, in Wallowa County, Oregon.
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From Wallowa: J. W. Knowles, Judge, In Banc. Plaintiff brings this action for damages for breach of a contract. The cause was tried by the court without a jury. From a judgment in favor of plaintiff defendant appeals. The material facts alleged are as follows: Plaintiff is an Idaho corporation. Defendant A. Hackbarth is doing business as the Lapwai Lumber Company, in Wallowa County, Oregon. About April 4,1917, the defendant “contracted and agreed with the plaintiff to sell plaintiff two hundred fifty thousand feet 8-4 shop lumber surfaced two sides of grades No. three and better at the quoted…
1Opinion of the CourtBean, J.
1. The first contention of defendant is that the complaint does not state facts sufficient to constitute a cause of action; that there is no allegation in the complaint of any performance by plaintiff, and no consideration for the agreement alleged. Defendant cites Davis Lumber Co. v. Coats Lumber Co., 85 Or. 542 (167 Pac. 507), and other like cases in support of the proposition that “before the plaintiff can put the defendant in default and claim damages for the breach of a contract, he must allege full performance or readiness and ability to perform on his part.” This general rule is not…
2Cases cited13 opinions
- State v. HammelsyOregon Supreme Court · 1908
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
- Municipal Security Co. v. Baker CountyOregon Supreme Court · 1901
- Olds v. CaryOregon Supreme Court · 1886
- West v. Washington Railway Co.Oregon Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bakee Production Credit Ass'n v. Long Creek Meat Co.Oregon Supreme Court · 1973
- Jones v. NunleyOregon Supreme Court · 1976
- Wagner v. Rainier Manufacturing Co.Oregon Supreme Court · 1962
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Pierre Arboireau and Sandrine Arboireau v. Adidas-Salomon Ag, a Foreign Corporation and Adidas America, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2003
25 more not listed; retrieve them via the Exa API.