Ayer v. Moon
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is an action by E. R. Ayer against Seth F. Moon to recover money.
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From Tillamook: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. This is an action by E. R. Ayer against Seth F. Moon to recover money. The complaint alleges the delivery of a certain quantity of milk to defendant, upon the express agreement that he would manufacture the same into cheese, sell it at market value, and pay such market value to plaintiff after it was sold; that there were 1,294.17 pounds of cheese manufactured and sold at 141/2 cents per pound, viz., $168.51, no part of which price has been paid to plaintiff. . The answer denies the agreement as set forth in the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. The only alleged error requiring consideration at this time is the refusal of the court to give the instruction requested by the defendant. There was an issue tendered by the complaint and answer as to whether defendant was to pay to plaintiff the market value of the cheese when sold at all events, or only when the price thereof was collected by him. The bill of exceptions states that there was positive testimony that by the agreement such a payment was to be made only when the price should be collected by defendant. This was defendant’s theory of the…
2Cases cited5 opinions
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- Moody v. St. P. & S. C. R.Supreme Court of Iowa · 1875