Southwell v. Beezley
Oregon Supreme Court
Appeal from Wasco County. The complaint alleges that about March, 1873, the parties hereto made a contract by which appellant-was to sell respondent six hundred ewe sheep, and respondent was to pay therefor such price as he should pay for other sheep which he proposed to purchase in the fall of that year.
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Appeal from Wasco County. The complaint alleges that about March, 1873, the parties hereto made a contract by which appellant-was to sell respondent six hundred ewe sheep, and respondent was to pay therefor such price as he should pay for other sheep which he proposed to purchase in the fall of that year. Said sheep were to be delivered to respondent September 1, 1873, and respondent was to pay appellant for the same within three years, and as soon as he could make the money' out ojLsaid sheep J That there was also a further understanding, that respondent should, in connection with William…
1Opinion of the Court
By the Court,
Shattuck, J.:
Most of the argument in this cause has been directed to the question of the delivery of the sheep. Counsel for the appellant do not, however, abandon the position indicated by the pleadings and bill of exceptions, that this cause falls within the provisions of the Statute of Frauds, relating to contracts which are not to be performed within a year.
Upon, these points we hold in this case that this contract, so far as paying for the sheep was an element, might, by its. very terms, have been performed within the year; and it was within the contemplation of the parties…
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