Mitchell v. Taylor
Oregon Supreme Court
Appeal from Wasco: W. L. Bradshaw, Judge. The facts necessary for an understanding of this case are substantially as follows: On March twenty-fourth, eighteen hundred and ninety-two, the defendant O. D. Taylor, being the president of the Columbia River Fruit Company, and acting in its behalf, induced one D. B. Cornell to enter into a contract with the company containing, among other things, the following stipulations: “That said party of the first part (the company) has this…
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Appeal from Wasco: W. L. Bradshaw, Judge. The facts necessary for an understanding of this case are substantially as follows: On March twenty-fourth, eighteen hundred and ninety-two, the defendant O. D. Taylor, being the president of the Columbia River Fruit Company, and acting in its behalf, induced one D. B. Cornell to enter into a contract with the company containing, among other things, the following stipulations: “That said party of the first part (the company) has this day sold to the said party of the second part (D. B. Cornell) ten shares of the capital stock of said company for four…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
In support of the action of the court below the defendant submits several propositions, only three of which we are called upon to notice at this time, viz.: first, the agreement to repurchase upon which the action is based is, by the terms thereof, made conditional upon the personal desire, or at the option of Cornell or his legal representatives, and therefore not assignable; second, Cornell being in default with the Columbia River Fruit Company upon his contract therewith, could not compel the defend*384ant to repurchase it in its defaulted condition; and, third,…
2Cases cited8 opinions
- House v. JacksonOregon Supreme Court · 1893
- La Rue v. GroezingerCalifornia Supreme Court · 1890
- Lowry v. HarrisSupreme Court of Minnesota · 1867
- Smith v. SmithSupreme Court of Kansas · 1879
- Bradley v. KingIllinois Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nordling v. JohnstonOregon Supreme Court · 1955
- Stapp v. Madera Canal & Irrigation Co.California Court of Appeal · 1917
- Reader v. FarrissSupreme Court of Oklahoma · 1915
- First Nat. Bank v. ManassaOregon Supreme Court · 1915
- Miner v. ZweifelOregon Supreme Court · 1926
4 more not listed; retrieve them via the Exa API.