Krebs Hop Co. v. Livesley
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action for damages by the Krebs Hop Company against T. A. Livesley & Co., on account of the failure of the latter to perform certain conditions of the following contract, during the year 1908: “Salem, Oregon, August 25, 1904. “In consideration of one dollar, the receipt whereof is hereby acknowledged, Krebs Hop Company, a corporation doing business under the laws of the State of Oregon, sells,…
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action for damages by the Krebs Hop Company against T. A. Livesley & Co., on account of the failure of the latter to perform certain conditions of the following contract, during the year 1908: “Salem, Oregon, August 25, 1904. “In consideration of one dollar, the receipt whereof is hereby acknowledged, Krebs Hop Company, a corporation doing business under the laws of the State of Oregon, sells, and T. A. Livesley & Co., copartnership, buys five hundred thousand pounds of prime Oregon hops, subject to inspection by…
1DissentJustice McBride
A brief history of the case pertaining to this contract is as follows: The contract having been fully performed in 1905, in 1906 before the time for delivery arrived, plaintiff brought an action and recovered judgment for $4,000 for the April and May payments of that year: Krebs Hop Co. v. Livesley & Co., 51 Or. 527 (92 Pac. 1084). Thereafter no hops of the crop of 1906 having been delivered to defendants, they brought suit against plaintiff for an accounting, and to offset and stay the enforcement of the judgment for $4,000, resulting in a decree in favor of Krebs Hop Company. On appeal to…
2Cases cited20 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Stark v. StarrSupreme Court of the United States · 1877
- Perry v. . DickersonNew York Court of Appeals · 1881
- Kadish v. YoungIllinois Supreme Court · 1883
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