Stuart v. University Lumber Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action by J. C. Stuart against the University Lumber & Shingle Company, a corporation, to recover the contract price of certain railroad ties.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action by J. C. Stuart against the University Lumber & Shingle Company, a corporation, to recover the contract price of certain railroad ties. On the 29th of March, 1907, defendant contracted with the Woodland Lumber Company to purchase all the ties cut by it at its mill on the North Fork of Lewis River, in Clarke County, Washington, during the period of six months from'that date; the contract being an offer and acceptance in the following words: “Portland, Oregon, March 29, 1907. “Woodland Lumber Company,…
1Opinion of the CourtJustice Eakin
1. The first and principal defense is that the ties were subject to liens on May 10,1909, and that a clear title could not have been delivered by plaintiff nor by the Woodland Lumber Company It may be conceded *551that plaintiff must be able to transfer tbe ties to tbe defendant free from encumbrance. It is not sufficient for tbe plaintiff to say tbat tbe mortgagees will not urge tbeir liens, tbat tbe liens are not enforceable by reason of defects therein, nor tbat tbe mortgagees are bound by some secret agreement tbat will avoid tbe lien. Defendant is not required to take tbe property subject to…
2Cases cited3 opinions
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- American Contract Co. v. Bullen Bridge Co.Oregon Supreme Court · 1896
- Luckey v. Lincoln CountyOregon Supreme Court · 1902
3Cited by5 opinions
- Sund & Co. v. Flagg & Standifer Co.Oregon Supreme Court · 1917
- McDonald v. SuppleOregon Supreme Court · 1920
- Wright v. VickaryousAlaska Supreme Court · 1980
- Snow v. BeardOregon Supreme Court · 1917
- Gill Equipment Co. v. KaufmanCourt of Appeals for the Fifth Circuit · 1952