Staver & Walker v. Locke
Oregon Supreme Court
Baker county: M. D. Clifford, Judge. Plaintiff appeals. The plaintiff is a private corporation doing business at Portland, Oregon.
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Baker county: M. D. Clifford, Judge. Plaintiff appeals. The plaintiff is a private corporation doing business at Portland, Oregon. Before the formation of said corporation, which has succeeded to the business of the firm of Staver & Walker, said firm appointed one W. F. Locke their agent at Huntington, Oregon, for the sale of farm machinery, wagons, etc., and at the same time and by the same writing entered into an agreement with him, whereby, among other things, said agent agreed not to sell machinery, wagons, etc., in any other territory than that named; to do all the business pertaining to…
1Opinion of the CourtStrahan, C. J.
The liability of J. S. Locke, the respondent, depends upon the terms of his guaranty. As will be seen from the statement, he guaranteed the faithful performance by the agent named in the foregoing contract of all agreements and engagements therein entered into by the *523said agent. The only breach of the agreement on the part of W. F. Locke, by which it is claimed J. S. Locke became liable, is that said W. F. Locke failed to pay said notes when they became due, or on demand. The obligation which W. F. Locke assumed in this particular, is contained in the sixth specification of the contract, and…
2Cases cited3 opinions
- Kingsbury v. . WestfallNew York Court of Appeals · 1875
- State v. ChurchillSupreme Court of Arkansas · 1886
- People of the State of N.Y. v. . ChalmersNew York Court of Appeals · 1875
3Cited by11 opinions
- Trego WaKeeney State Bank v. MaierSupreme Court of Kansas · 1974
- Marshall-Wells Co. v. TenneyOregon Supreme Court · 1926
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913
- Stern v. SawyerSupreme Court of Vermont · 1905
- Marc Nelson Oil Products, Inc. v. Grim Logging Co.Court of Appeals of Oregon · 2005
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