La Vie v. Crosby
Oregon Supreme Court
From Marion : George H. Burnett, J udge. This is an action by Geo. A. La Vie against A. B. Crosby to recover the possession of a quantity of hops, or the sum of $2,300, the alleged value thereof, and damages for their detention.
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From Marion : George H. Burnett, J udge. This is an action by Geo. A. La Vie against A. B. Crosby to recover the possession of a quantity of hops, or the sum of $2,300, the alleged value thereof, and damages for their detention. The facts are that defendant entered into a contract with plaintiff, whereby he stipulated to sell and transfer to him 10,000 pounds of “choice” hops at eleven and one half cents per pound, to be grown in Marion County, Oregon, in 1902, and to pick, cure, bale, and deliver the same on or before October 31st of that year, any advances made by plaintiff on account…
1Opinion of the CourtChief Justice Moore
1. The contract sued on being executory, and similar to the agreement set out in the case of Backhaus v. Buells, 43 Or. 558 (73 Pac. 342), this action cannot be maintained.
2. The defendant, in his answer, having demanded a return of the hops, or the value thereof, and damages for their detention, the only question involved is the measure of compensation to which he is entitled. All the testimony given at the trial having been incorporated in the bill of exceptions, it appears therefrom that the value of the hops of the quality in question at Woodburn, Oregon, when seized at that place by the…
2Cases cited5 opinions
- Backhaus v. BuellsOregon Supreme Court · 1903
- Sherman v. ClarkSupreme Court of Minnesota · 1877
- Marks v. WillisOregon Supreme Court · 1899
- Coffin v. TaylorOregon Supreme Court · 1888
- Leve v. FrazierOregon Supreme Court · 1902
3Cited by8 opinions
- Gregory v. PadillaAlaska Supreme Court · 1963
- School District No. 30 v. Alameda Construction Co.Oregon Supreme Court · 1917
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
- Latham Motors, Inc. v. PhillipsIdaho Court of Appeals · 1992
- Davidhizar v. Elgin Forwarding Co.Oregon Supreme Court · 1918
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