Phez Co. v. Salem Fruit Union
Oregon Supreme Court
From Marion: George G. Bingham and Percy R. Kelly, Judges. In Banc. This is a suit brought by tbe plaintiff to enforce by injunction tbe performance by defendant Salem Fruit Union of a contract entered into on May 24, 1917, between tbe Northwest Fruit Products Company, plaintiff’s predecessor, and tbe defendant, whereby defendant agreed to sell and deliver to plaintiff’s predecessor about 1,200 tons of fresh loganberries of tbe crops of 1917, 1918, 1919, 1920 and 1921, at…
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From Marion: George G. Bingham and Percy R. Kelly, Judges. In Banc. This is a suit brought by tbe plaintiff to enforce by injunction tbe performance by defendant Salem Fruit Union of a contract entered into on May 24, 1917, between tbe Northwest Fruit Products Company, plaintiff’s predecessor, and tbe defendant, whereby defendant agreed to sell and deliver to plaintiff’s predecessor about 1,200 tons of fresh loganberries of tbe crops of 1917, 1918, 1919, 1920 and 1921, at tbe agreed price of three cents per pound for tbe crop season of 1917, and thereafter during tbe remaining years at tbe…
1Opinion of the CourtMcBRIDE, J.
— This appeal involves three propositions: First, the correctness of the order sustaining the demurrer of the growers to plaintiff’s complaint; second the correctness of the implied finding that by its answer and counterclaim in the case of Salem Fruit Union v. Phez Company, plaintiff here was barred from prosecuting the. present suit; and third, the correctness of the finding that the contracts, exhibits “A” and “C,” were rescinded. These propositions will be considered in the order above named.
1. The ruling upon the demurrer of the growers depends upon the question as to whether there was…
2Cases cited13 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Parker v. JefferyOregon Supreme Court · 1894
- Hurxthal v. Boom Co.West Virginia Supreme Court · 1903
- Feldman v. McGuireOregon Supreme Court · 1899
- Cort v. LassardOregon Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
- California Physicians' Service v. GarrisonCalifornia Supreme Court · 1946
- Wampler v. PalmertonOregon Supreme Court · 1968
- Farmers Cooperative Co. v. BirminghamDistrict Court, N.D. Iowa · 1949
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