Levy v. Nevada-California-Oregon Ry.
Oregon Supreme Court
From Lake: Bernard Daly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Henry Levy against tbe Nevada-California-Oregon Railway, a corporation, Tbe amended complaint contains four separate causes of action, tbe gravamen of eacb of which is that tbe plaintiff in one instance and bis assignors in tbe others contracted with tbe defendant for tbe latter to furnish cars at a station on its railroad in which to ship livestock for tbe San Francisco…
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From Lake: Bernard Daly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by Henry Levy against tbe Nevada-California-Oregon Railway, a corporation, Tbe amended complaint contains four separate causes of action, tbe gravamen of eacb of which is that tbe plaintiff in one instance and bis assignors in tbe others contracted with tbe defendant for tbe latter to furnish cars at a station on its railroad in which to ship livestock for tbe San Francisco market; but that in violation of the agreement the defendant failed to supply the cars until a later date, in consequence of…
1Opinion of the CourtJustice Burnett
1,2. Several assignments of error are predicated upon the fact that the court allowed testimony to the effect that the agreement with the defendant was made in each instance by an agent of the plaintiff who did not disclose his principal, the contention being that under the averment that the plaintiff entered into the contract it is not admissible to show that the compact was really made between the defendant and an agent of the plaintiff. The defendant’s argument is that, in order for the undisclosed principal to recover on such a stipulation, it would be necessary to aver that the contract…
2Cases cited13 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
- Baker v. EglinOregon Supreme Court · 1884
- Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Chattanooga Southern Railroad v. ThompsonSupreme Court of Georgia · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City & County of Denver v. BowenSupreme Court of Colorado · 1919
- Gordon v. Curtis Bros.Oregon Supreme Court · 1926
- Masters v. WalkerOregon Supreme Court · 1918
- Scandinavian-American Bank v. Went-Worth Lumber Co.Oregon Supreme Court · 1921
- Blackwell v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.