Ormsby's Adm'rs v. Bakewell
Ohio Supreme Court
This is a suit in chancery, brought from Hamilton county. On April 22, 1828, Bakewell and John H. Page, the agent of Ormsby, entered into an agreement in writing, by which it was- agreed that Bakewell should, from time to time, for one year from the making of the agreement, furnish to Page funds to purchase-wheat to be manufactured in Ormsby’s steam mill at Cincinnati, for Bakewell; that Page should purchase the wheat, and for every five bushels, Bakewell should have a…
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This is a suit in chancery, brought from Hamilton county. On April 22, 1828, Bakewell and John H. Page, the agent of Ormsby, entered into an agreement in writing, by which it was- agreed that Bakewell should, from time to time, for one year from the making of the agreement, furnish to Page funds to purchase-wheat to be manufactured in Ormsby’s steam mill at Cincinnati, for Bakewell; that Page should purchase the wheat, and for every five bushels, Bakewell should have a barrel of superfine flour — Bakewell to pay for manufacturing in proportion to the-price paid for the wheat. When wheat cost…
1Opinion of the Court
Judge Collett
delivered the opinion of the court:
The objection to the deposition of the defendant, Bakewell, we think, is well taken. It is true that Bakewell states, in his deposition, that he is not interested; but he transacted almost the whole business. Johnson was known in the transaction, to Page, as Bakewell’s agent only. Bakewell made the contract, advanced the money, received the flour, submitted the controversy to the arbitrators, and managed it before them in his own name. The award was, that the money be paid to him. Johnson was not interested when the contract was made. Bakewell…
2Cases cited3 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Hollingsworth v. LeiperSupreme Court of the United States · 1786
- Whipple v. Lansing & Van RensselaerNew York Court of Chancery · 1818
3Cited by3 opinions
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- Eastwood Local School District Board of Education v. Eastwood Education Ass'nOhio Court of Appeals · 2007
- Fowler v. Menards, Inc.Ohio Court of Appeals · 2018