Davidhizar v. Elgin Forwarding Co.
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Bane. This is an action wherein the plaintiff, claiming to he the owner thereof, seeks to recover the immediate possession of .531 bags of wheat, covered hy the defendant’s nine warehouse receipts. The complaint is in the usual form, alleging the detention of the property by the defendant in Wallowa County and claiming damages as usual in such actions.
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From Wallowa: John W. Knowles, Judge. In Bane. This is an action wherein the plaintiff, claiming to he the owner thereof, seeks to recover the immediate possession of .531 bags of wheat, covered hy the defendant’s nine warehouse receipts. The complaint is in the usual form, alleging the detention of the property by the defendant in Wallowa County and claiming damages as usual in such actions. It is alleged in the complaint and admitted by the answer that the plaintiff demanded possession of the grain from the defendant prior to the commencement of the action, but that the same was refused by…
1Opinion of the Court
BUBNETT, J. —
Substantially the following facts appear in evidence: On August 26, 1916, Ed Simmons addressed to the Elgin Forwarding Company and signed the following writing:
“We confirm sale to you of about 3,000 bushels F. F. wheat, basis No. 1 Portland grading (or my entire crop of 80 acres, with reservation of 40 bags for seed and feed) at $1.15 per bushel, f. o. b. warehouse, Joseph, Oregon, Elgin Forwarding Co. to furnish bags and sack twine. Delivery as soon as threshed, 1916. Amount advanced $200.00. ’ ’
Afterwards the plaintiff here commenced an action against J. D. Simmons upon a…
2Cases cited6 opinions
- Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
- Hamilton & Rourke v. GordonOregon Supreme Court · 1892
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
- Hubler v. GastonOregon Supreme Court · 1880
- La Vie v. CrosbyOregon Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Meyers v. WalkerWashington Supreme Court · 1933
- Lloyd L. Hughes, Inc. v. WiddersWashington Supreme Court · 1936
- Johnson v. Durnell, SheriffUtah Supreme Court · 1939
- Wade v. JohnsonOregon Supreme Court · 1924
- Johnson v. Durnell, SheriffUtah Supreme Court · 1939