Lewis v. Craft
Oregon Supreme Court
From Linn : George H. Burnett, Judge. This is an action by J. L. Lewis against John and M. B. Craft to recover money paid on account of the purchase price of cattle, and damages for an alleged refusal to deliver them.
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From Linn : George H. Burnett, Judge. This is an action by J. L. Lewis against John and M. B. Craft to recover money paid on account of the purchase price of cattle, and damages for an alleged refusal to deliver them. It is alleged in the complaint, in substance, that on October 26, 1898, the plaintiff and defendants entered'into a written contract by the terms of which the latter, in consideration of the receipt of $300, sold to the former two hundred merchantable calves at $11 per head, and agreed to deliver them about five days thereafter at their home, in Linn County, upon .the payment of…
1Opinion of the CourtJustice Moore
The errors complained of relate to the instructions given by the court, and its refusal to charge the jury as requested by defendants’ counsel. The jury were instructed as follows : “ It is admitted by the defendants in their testimony that the property to the cattle described in these pleadings has not passed from them, but that they'still retain it; hence no delivery of the cattle, such as is contemplated by the contract, has been made. It is admitted by the plaintiff that he had not paid the money remaining unpaid on the contract for the sale of said cattle ; he has never made an actual…
2Cases cited12 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Morse v. ShermanMassachusetts Supreme Judicial Court · 1871
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by18 opinions
- State v. SmithOregon Supreme Court · 1903
- Anderson v. Wallowa National BankOregon Supreme Court · 1921
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Bank of California National Ass'n v. Portland Hide & Wool Co.Oregon Supreme Court · 1929
- Lewis v. SiegmanOregon Supreme Court · 1931
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