Turnham v. Calumet & Oregon Mining Co.
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Burnett. This is an action by W. T. Turnham against the Calumet & Oregon Mining Company.
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Burnett. This is an action by W. T. Turnham against the Calumet & Oregon Mining Company. After alleging the corporate character of the defendant, the complaint states in substance that prior to April 1, 1905, the plaintiff had an agreement in writing with three men, Burke, Albright, and Wintjen, whereby if he should find a purchaser for certain mining property owned by them he would be entitled to all of the purchase price received for said mines in excess of $20,000; that in pursuance of his contract of employment as a real…
1Opinion of the CourtJustice Burnett
1. It will be noted that the complaint alleges an original individual promise of Hopkins. It is, indeed, stated in the complaint that “Hopkins acted for and in behalf and as the agent of the defendant corporation,” and did on its behalf make the agreement, etc., but it is not alleged that this was done originally by the authority of the defendant or that with subsequent knowledge it ratified or made the agreement of Hopkins its own. To *456support the allegation about the agreement between the plaintiff and Hopkins, the plaintiff introduced in evidence a written contract made and entered into…
2Cases cited3 opinions
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Southern Railway Co. v. Willcox & DeJarnetteSupreme Court of Virginia · 1900
- Southern Indiana Loan & Sayings Institution v. RobertsIndiana Court of Appeals · 1908
3Cited by4 opinions
- Pleasant v. Arizona Storage & Distributing Co.Arizona Supreme Court · 1928
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1924
- Summerville v. GillespieOregon Supreme Court · 1947
- Holder v. HarrisOregon Supreme Court · 1927