Hinton v. Roethler
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. "W. W. Hinton and John Reece, partners doing business under the firm name of Hinton & Reece, brought this action against Amos Roethler and J. B. Adrian for the recovery of damages resulting from a breach of an agreement for the delivery of some sheep.
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From Malheur: Dalton Biggs, Judge. In Banc. "W. W. Hinton and John Reece, partners doing business under the firm name of Hinton & Reece, brought this action against Amos Roethler and J. B. Adrian for the recovery of damages resulting from a breach of an agreement for the delivery of some sheep. It is alleged in the complaint that: “The plaintiffs entered into written contract with the defendants and each thereof, wherein and whereby the plaintiffs purchased from the defendants, and the defendants and each thereof sold to the plaintiffs, four hundred head of fine ewe sheep from two to five…
1Opinion of the CourtHarris, J.
The plaintiffs contend that Adrian was the agent of Roethler, and that acting as such agent, he made an agreement obligating Roethler to deliver 400 head of sheep to the plaintiffs. It was claimed by the plaintiffs that after Roethler failed to deliver the sheep “Adrian agreed to get them himself, and deliver them to plaintiffs,” and that “Adrian thereby adopted the contract as his own and became bound by its terms”; and the complaint was therefore framed upon the theory that the two defendants were • jointly and severally liable to the plaintiffs.
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2Cases cited6 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Cochran v. BakerOregon Supreme Court · 1899
- Sorenson v. KribsOregon Supreme Court · 1916
- Masters v. WalkerOregon Supreme Court · 1918
- Roundtree v. Mount Hood R. R.Oregon Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Phillips v. Colfax Company, Inc.Oregon Supreme Court · 1952
- Boise-Payette Lumber Co. v. Dominican Sisters of Ontario & German American Trust Co.Oregon Supreme Court · 1921
- Bank of California National Ass'n v. Portland Hide & Wool Co.Oregon Supreme Court · 1929
- Hage Et Ux v. HarveyOregon Supreme Court · 1957
- Barrett v. McHattieMontana Supreme Court · 1936
3 more not listed; retrieve them via the Exa API.