Wright v. Ramp
Oregon Supreme Court
From Multnomah.: Arthur L. Frazer, Judge. This is an action to recover damages for a breach of contract. On August 10, 1898, the plaintiff and defendant entered into a written contract, by the terms of which the plaintiff agreed to furnish to the defendant a granite monument of a certain description, and set it up in the cemetery at Salem, in May, 1899, or as soon thereafter as possible, in a good, workmanlike manner, “to be made of best stock and best work known to the…
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From Multnomah.: Arthur L. Frazer, Judge. This is an action to recover damages for a breach of contract. On August 10, 1898, the plaintiff and defendant entered into a written contract, by the terms of which the plaintiff agreed to furnish to the defendant a granite monument of a certain description, and set it up in the cemetery at Salem, in May, 1899, or as soon thereafter as possible, in a good, workmanlike manner, “to be made of best stock and best work known to the marble and granite trade, free from * * any defects whatever, or no pay for same,” for which the defendant agreed to pay, on…
1Opinion of the CourtChief Justice Bean
The record contains several assignments of error, based on the admission and rejection of testimony, which we do not deem it necessary to consider at this time, but shall confine our examination to the sufficiency of the findings of fact. Under *288the pleadings, two questions of fact were presented: (1) Was there such a delay in the performance of the contract by the plaintiff as to justify the defendant in treating it as rescinded, and (2) did the monument that the plaintiff shipped to Salem fulfill the terms and conditions of his contract?
The first question is, perhaps, concluded by the…
2Cases cited9 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Moody v. RichardsOregon Supreme Court · 1896
- Craver v. HornburgSupreme Court of Kansas · 1881
- Rubin v. SturtevantCourt of Appeals for the Second Circuit · 1897
- Tatum v. MassieOregon Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Darling v. MilesOregon Supreme Court · 1910
- Mercantile Trust Co. v. RolandSupreme Court of Oklahoma · 1930
- Lewis v. First National BankOregon Supreme Court · 1904
- Clackamas Southern Ry. Co. v. VickOregon Supreme Court · 1914
- Nye v. Bill Nye Milling Co.Oregon Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.