Kitchin v. Oregon Nursery Co.
Oregon Supreme Court
From Washington: James U. Campbell, Judge. Statement by Mr. Justice Eakin. This is an action by A. L. Kitcbin against the Oregon Nursery Company, Limited.
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From Washington: James U. Campbell, Judge. Statement by Mr. Justice Eakin. This is an action by A. L. Kitcbin against the Oregon Nursery Company, Limited. Plaintiff alleges tbat in the year 1910 be was engaged in the business of buying and selling, taking orders for, and supplying, fruit trees to the public for planting orchards; tbat between the 1st day of February and the 19th day of April, 1910, be purchased from the defendant young fruit trees of the total value of $1,257.59, which were shipped to plaintiff at Boseburg, Oregon; tbat said trees were defective and imperfect, in that they…
1Opinion of the CourtJustice Eakin
There are a great many assignments of error, but all may be included under a few points.
1. Objections were made to the introduction in evidence of several letters, written by the defendant to the plaintiff, for the reason that they contained printed on the letter-head, following the name of the defendant the words, “Growers of reliable nursery stock,” but the objections are rendered immaterial for the reason that defendant placed in evidence several statements of shipments of trees made out upon billheads bearing the same heading, and including the statement objected to.
2. Plaintiff offered…
2Cases cited8 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Hoskins v. ScottOregon Supreme Court · 1908
- Gold Ridge Mining Co. v. TallmadgeOregon Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shields v. CampbellOregon Supreme Court · 1977
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- DE KALB HYBRID SEED COMPANY v. AgeeCourt of Appeals of Texas · 1956
- Rosenau v. LansingOregon Supreme Court · 1924
- Kelly v. WeaverOregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.