Legal Opinion
Calbag Metals Co. v. Guy F. Atkinson Co.
Court of Appeals of Oregon
Decided March 8, 1989No. A8509-05683; CA A44431PublishedCited by 7 opinions
1Opinion of the CourtNewman, J.
Defendant (seller) appeals a judgment for plaintiff (buyer) in this action for breach of a contract to sell scrap metal (the scrap metal contract) and of another contract to sell three stainless steel pumps (the pump contract). It asserts that there was no meeting of the minds as to the scrap metal contract and that, if there was, the court erred when it held that buyer did not need to attempt to “cover” or otherwise mitigate its damages after seller repudiated the contract. It concedes that it breached the pump contract but again argues that buyer failed to prove that it covered or otherwise…
2Cases cited6 opinions
- Valiga v. National Food Co.Wisconsin Supreme Court · 1973
- Chiles v. RobertsonCourt of Appeals of Oregon · 1989
- Southern Idaho Pipe & Steel Co. v. Cal-Cut Pipe & Supply, Inc.Idaho Supreme Court · 1977
- Real Estate Loan Fund Oreg. Ltd. v. HevnerCourt of Appeals of Oregon · 1985
- Hudson Feather & Down Products, Inc v. Lancer Clothing Corp.Appellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp.District Court, E.D. Michigan · 1990
- Central Office Telephone, Inc. v. American Telephone & Telegraph Co.Court of Appeals for the Ninth Circuit · 1997
- Lewis v. Nine Mile Mines, Inc.Montana Supreme Court · 1994
- 97 Cal. Daily Op. Serv. 1339, 97 Daily Journal D.A.R. 2016 Central Office Telephone, Inc., Plaintiff-Appellee-Cross-Appellant v. American Telephone and Telegraph Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1997
- State v. WhiteOregon Supreme Court · 2006
2 more not listed; retrieve them via the Exa API.