Schumann v. Wager
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. Action by Otto Schumann against Phoebe Wager to recover the balance due upon the purchase price of a rustic monument. It is alleged that plaintiff furnished the monument to defendant at the agréed price of $145 ; that $85 thereof has been paid, and judgment is demanded for the balance. Defendant admits that plaintiff furnished the monument, but denies that it was for any agreed or stipulated consideration.
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From Multnomah: E. D. Shattuck, Judge. Action by Otto Schumann against Phoebe Wager to recover the balance due upon the purchase price of a rustic monument. It is alleged that plaintiff furnished the monument to defendant at the agréed price of $145 ; that $85 thereof has been paid, and judgment is demanded for the balance. Defendant admits that plaintiff furnished the monument, but denies that it was for any agreed or stipulated consideration. Further answering, she alleges, in effect, that plaintiff sold it to her for its reasonable value, under a warranty of its quality and suitableness…
1Opinion of the Court
Mr. Chiee Justice Wolverton,
after stating the facts, delivered the opinion.
After stating the general rules — that, if property purchased under a warranty has been paid for, the measure of damages will be the difference between the article contracted for and the one delivered, and that, if the article has not been paid for, the defendant can set up the warranty, and breach of it, by way of defense, in an action for the price — the court further instructed the jury as follows: “In this case there seems to be these last two phases of the matter united, because the goods have been partly paid…
2Cited by8 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Lenz v. BlakeOregon Supreme Court · 1904
- Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900
- Mine Supply Co. v. Columbia Mining Co.Oregon Supreme Court · 1906
- Bilby v. Thomas Gin-Compress Co.Supreme Court of Oklahoma · 1912
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