Pacific Export Co. v. North Pacific Lumber Co.
Oregon Supreme Court
Prom Multnomah: Alfred E. Sears, Jr., Judge.. Statement by Mr. Chief Justice Wolverton. Action by the Pacific Export Lumber Co. against the North Pacific Lumber Co. Both plaintiff and defendant are corporations.
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Prom Multnomah: Alfred E. Sears, Jr., Judge.. Statement by Mr. Chief Justice Wolverton. Action by the Pacific Export Lumber Co. against the North Pacific Lumber Co. Both plaintiff and defendant are corporations. The plaintiff’s cause of action is stated, in substance, as follows: That, prior to November 25, 1901,. plaintiff and defendant entered into a contract whereby it was agreed that the defendant should, at its own cost and expense, complete a dredge then in course of construction, and thoroughly equip the same with tools, machinery, appliances, etc., so that nothing else of the Idnd…
1Opinion of the CourtChief Justice Wolverton
1. The most vital difference between the parties litigant .relates to a requested instruction that the jury return a verdict for defendant on the ground that the plaintiff’s proofs were insufficient to support the action. The parties entertain directly antagonistic theories relative to the initial transaction giving rise to the controversy, which are well portrayed by the pleadings: one insisting that the effect of the agreement was the purchase by the plaintiff of defendant of a specified number of shares of the capital stock of the Portland Dredging Co. thereafter to be *198formed, being one…
2Cases cited3 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Carstens v. McDonaldNebraska Supreme Court · 1894
- Hazer v. StreichWisconsin Supreme Court · 1896
3Cited by7 opinions
- Godvig v. LopezOregon Supreme Court · 1949
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Piper v. Oakland Motor Co.Supreme Court of Vermont · 1920
- ASPINWALL v. RyanOregon Supreme Court · 1951
- Brosnan v. BoggsOregon Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.