St. Helens Quarry Co. v. F. T. Crowe & Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 2.' This is an action to recover upon a contract executed for the benefit of a third party. . In 1912 the partnership of Yom Cleff & Lundy was engaged in the general business of supplying building materials in the City of Portland, and for the use of their business had a lease on a store building situated on Broadway and 33d Streets for a warehouse, and on a dock at the foot of Linn Avenue, Sellwood.
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From Multnomah: Robert Gr. Morrow, Judge. Department 2.' This is an action to recover upon a contract executed for the benefit of a third party. . In 1912 the partnership of Yom Cleff & Lundy was engaged in the general business of supplying building materials in the City of Portland, and for the use of their business had a lease on a store building situated on Broadway and 33d Streets for a warehouse, and on a dock at the foot of Linn Avenue, Sellwood. During the month of October of that year the partnership was indebted to over fifty creditors in the sum of over $12,000. They had upon their…
1Opinion of the CourtOlson, J.
Several assignments of error were made in the bill of exceptions, but these appear to be waived by the defendant in its brief, excepting as to-two points:
First. Is the agreement upon which plaintiff’s-right of action is based a bill of sale giving plaintiff a right of action on the promise, or an assignment for the benefit of creditors?
Second. Is defendant liable for the amount due from Yom Cleff & Lundy on account of the operation of the Sellwood dock? '
The contract entered into between the partnership and defendant is contradictory as to its terms. The first four paragraphs of said contract…
2Cases cited2 opinions
- Feldman v. McGuireOregon Supreme Court · 1899
- Stout v. WatsonOregon Supreme Court · 1890
3Cited by2 opinions
- Eggert v. Pacific States Savings & Loan Co.California Court of Appeal · 1943
- State v. JensenOregon Supreme Court · 1957