Coos Bay R. R. v. Nosler
Oregon Supreme Court
From Coos: J. C. Fullerton, Judge. This is an action to recover upon a subsidy agreement signed by the defendant with others and delivered to plaintiff.
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From Coos: J. C. Fullerton, Judge. This is an action to recover upon a subsidy agreement signed by the defendant with others and delivered to plaintiff. The agreement is as follows: “We, the undersigned, agree to pay to the Coos Bay, Roseburg & Eastern Railroad & Navigation Company the sums set opposite our names, respectively, in the manner following, to wit: Twenty-five per cent, when the first ten miles of said road are graded, commencing at or near Marshfield, Coos County, Oregon, and running eastward toward Roseburg, and via Coquille City and Myrtle Point; twenty per cent, when the rails…
1Opinion of the CourtJustice Wolverton
A solution of the most important questions arising in this case depends upon the proper construction of the subsidy agreement as modified. The purpose of the action is to recover under the agreement, so that, when we have determined its true meaning, the measure of plaintiff’s remedy will become manifest; so will also the remedial rights of the defendant. Whether performance is necessary to a recovery, and therefore constitutes a condition precedent, must be determined by the intention of the parties to the contract, and that intention must be ascertained from the terms of the agreement…
2Cases cited18 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Blagen v. ThompsonOregon Supreme Court · 1892
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- City of Cincinnati v. RiceOhio Supreme Court · 1846
- M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Kansas City Bridge Co. v. Lindsay Bridge Co.Supreme Court of Oklahoma · 1912
- Re Petition of ReederOregon Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.