Prouty Lumber & Box Co. v. Cogan
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 2. The substance of the complaint is, that in September, 1918, the plaintiff sold to the defendants upwards of two million feet of spruce logs at certain prices; that the defendants took possession of them and rived 97,320 feet thereof, on account of which the sum of $3,406.20 became due to the plaintiff; that at the time of the sale the defendants had a contract with the United States government for furnishing spruce aeroplane…
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From Clatsop: James A. Eakin, Judge. Department 2. The substance of the complaint is, that in September, 1918, the plaintiff sold to the defendants upwards of two million feet of spruce logs at certain prices; that the defendants took possession of them and rived 97,320 feet thereof, on account of which the sum of $3,406.20 became due to the plaintiff; that at the time of the sale the defendants had a contract with the United States government for furnishing spruce aeroplane stock, but before they had completed their contract the government canceled the same; that in settlement of the…
1Opinion of the CourtBuenett, C. J.
Besides the specification of error to the effect that the court was wrong in entering judgment in favor of the plaintiff and against the defendants, there are but three assignments of error, which may be considered together. The witnesses Warren and Scott were called by the plaintiff, and gave testimony about a conversation which they had with the defendants in which, in substance, the latter said they were practically bankrupt, when Scott answered that one with $7,000 or $8,000 was not bankrupt, alluding to the allowance made by the board to the defendants. One of the defendants then replied…
2Cases cited10 opinions
- Noonan v. Caledonia Mining Co.Supreme Court of the United States · 1887
- Oregon R. & N. Co. v. EastlackOregon Supreme Court · 1909
- Kirby v. StateSupreme Court of Florida · 1902
- Mahon v. RankinOregon Supreme Court · 1909
- Hurlbut v. HallNebraska Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. DurantOregon Supreme Court · 1975
- Palm v. KuleszaMassachusetts Supreme Judicial Court · 1956
- Bose v. SullivanMontana Supreme Court · 1930
- Bartlett v. MacRaeCourt of Appeals of Oregon · 1981
- Choy v. OtaguroHawaii Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.