Rosenthal Bros. v. Kahn Bros.
Oregon Supreme Court
Appeal from Multnomah county: E. D.Shattuck, judge. On April 30, 1888, the parties to this action entered into the following contract in writing: “Portland, Oregon, April 30, 1888. ‘Know all men by these presents: That Messrs.
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Appeal from Multnomah county: E. D.Shattuck, judge. On April 30, 1888, the parties to this action entered into the following contract in writing: “Portland, Oregon, April 30, 1888. ‘Know all men by these presents: That Messrs. Rosen-thal Bros., parties of the first part, and J. Kahn, of Portland, Oregon, party of the second part, agree to furnish the said parties of the second part twenty-nine hundred (2,900) cords of good, sound, merchantable fir wood, more or less, said wood to be four (4) feet in length, and each cord to contain one hundred and twenty-eight (128) cubic feet, at the rate of…
1Opinion of the CourtBean, J.
The question presented on the record in this case for our consideration is whether, upon the delivery of the wood on board the cars at the place designated in the contract, the sale became absolute and the title vested in the defendants, or was the sale conditional until the wood was received and measured by the quartermaster at Walla Walla. Upon this question the court below instructed the jury as follows: ‘ ‘Under the contract set out in the pleadings in this case, it was not the business of plaintiffs to procure any shipping receipt or other paper from the railroad company for the purpose…
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- Callaghan v. MyersIllinois Supreme Court · 1878
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