Lachmund v. Lope Sing
Oregon Supreme Court
Statement by Me. Justice Eakin. This is a suit by Louis Lachmund and Julius Pincus partners doing business under the firm name and style of Louis Lachmund & Co., against Lope Sing, Oliver Beers, and Seid Back, to foreclose a contract and chattel mortgage on certain hops.
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Statement by Me. Justice Eakin. This is a suit by Louis Lachmund and Julius Pincus partners doing business under the firm name and style of Louis Lachmund & Co., against Lope Sing, Oliver Beers, and Seid Back, to foreclose a contract and chattel mortgage on certain hops. The portions thereof, material to the issues here, are as follows: “Agreement dated February 5, 1907, between Oliver Beers and Lope Sing, of Marion County, State of Oregon, called herein the seller, and Paul R. G. Horst, called herein the buyer, concerning the hop crop of the seller for the year 1907, and the sale of hops,…
1Opinion of the CourtJustice Eakin
1. The defendants, Lope Sing and Oliver Beers, contracted to raise, on the Beers place, and sell to Horst, 40,000 pounds of contract hops at 12 cents per pound, and they were bound to do so if by careful and husbandman-like labor such a crop could be produced. However, subdivision three of the contract, without modifying subdivision two thereof, as to advances, provides, that, if by careful husbandry contract hops cannot be produced, Horst shall accept the hops in satisfaction of this contract, even though they are not contract hops, at a reduction in price equal to the difference in value…
2Cases cited6 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Petty v. BootheSupreme Court of Alabama · 1851
- Henderson v. MackCourt of Appeals of Kentucky · 1884
- Neis v. O'BrienWashington Supreme Court · 1895
- Walter Bros. v. Reed & GerardNebraska Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mascall v. EriksonOregon Supreme Court · 1930
- NEW ZEALAND INSURANCE CO. v. Griffith Rubber MillsOregon Supreme Court · 1974
- Gaines v. VandecarOregon Supreme Court · 1911
- Owen v. LeberOregon Supreme Court · 1924
- Hardin v. Dimension Lumber Co.Oregon Supreme Court · 1932
6 more not listed; retrieve them via the Exa API.