Eaton v. Blackburn
Oregon Supreme Court
From Baker: William Smith, Judge. This is an action by A. E. Eaton against Edward Blackburn and C. H. Breck, co-partners, doing business under the firm name and style of Blackburn & Breck. The cause was tried before a jury, and a verdict rendered in favor of the defendants, and from the judgment rendered thereon, plaintiff appeals. Statement by Me. Chief Justice Bean. This is an action to recover the purchase price of ■ two car loads of hay.
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From Baker: William Smith, Judge. This is an action by A. E. Eaton against Edward Blackburn and C. H. Breck, co-partners, doing business under the firm name and style of Blackburn & Breck. The cause was tried before a jury, and a verdict rendered in favor of the defendants, and from the judgment rendered thereon, plaintiff appeals. Statement by Me. Chief Justice Bean. This is an action to recover the purchase price of ■ two car loads of hay. The defense is that the hay, which plaintiff agreed to sell and deliver to defendants, was to be “good, number one, merchantable hay,” and that…
1Opinion of the Court
Opinion by
Me. Chief Justice Bean.
1. The principal point relied upon by plaintiff for a reversal of the judgment is the ruling of the court that, under the contract for the sale of • hay in question, defendants had a right to inspect it after it reached Baker City, and, if it did not conform to the contract, to refuse to accept or pay for it. The argument is that the place of inspection and acceptance or rejection was at Nodine Spur, where the hay was to be delivered by the plaintiff, f. o. b. cars; and, if defendants neglected to exercise the right of inspection at that time and place, they…
2Cases cited12 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- F. B. Fogel & Co. v. BrubakerSupreme Court of Pennsylvania · 1888
- Morse v. MooreSupreme Judicial Court of Maine · 1891
- Alden v. HartMassachusetts Supreme Judicial Court · 1894
- Samuel M. Lawder & Sons Co. v. AlBert MacKie Grocery Co.Court of Appeals of Maryland · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
- Adkins-Polk Co. v. John Barkley & Co.Court of Appeals of Texas · 1927
- Richardson v. . WoodruffSupreme Court of North Carolina · 1919
- Crosland v. SloanOregon Supreme Court · 1928
- Kitterman v. Eagle Pine Co.Oregon Supreme Court · 1927
7 more not listed; retrieve them via the Exa API.