Oregon Mill Co. v. Kirkpatrick
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Burnett. This is an action by tbe Oregon Mill & Grain Company against C. Kirkpatrick.
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From Baker: William Smith, Judge. Statement by Mr. Justice Burnett. This is an action by tbe Oregon Mill & Grain Company against C. Kirkpatrick. Tbe substance of tbe complaint is that about March, 1911, H. G. Hyde, being at tbe time indebted to tbe plaintiff for goods, wares, and merchandise sold to him, transferred to tbe defendant a retail grocery business in Baker, Oregon, and that as part of the purchase price tbe defendant agreed with Hyde to pay tbe amount due from tbe latter to tbe plaintiff. It is further alleged that at tbe same time, for a valuable consideration, the defendant…
1Opinion of the CourtJustice Burnett
The plaintiff called Hyde as a witness, who testified to the effect that the sale to the defendant was made January 7, 1911, the inventory taken on the 8th, and *23the business turned over to him the next day. When the plaintiff began to inquire from the witness about the consideration to be paid, he was confronted with a written instrument which is here set out:
“Know all men by these presents that H. Gf. Hyde, party of the first part, for and in consideration of the sum of five hundred ($500.00) dollars to him in hand paid by Chauncey Kirkpatrick, the party of the second part, the receipt…
2Cases cited11 opinions
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Baum v. LynnMississippi Supreme Court · 1895
- Feldman v. McGuireOregon Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1921
- Erickson v. Grande Ronde Lumber Co.Oregon Supreme Court · 1939
- Home v. SellingOregon Supreme Court · 1919
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- Muir v. MorrisOregon Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.