Kondo v. Aylsworth
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice McBride. This is an action in trover by T. Kondo and K. Kureye against Charles R. Aylsworth and Frank C. Espenhain, partners under the name of Sunnyside Fuel Company, for the taking and conversion of 71 cords of wood of the alleged value of $284. Defendants answered by general denial, and by way of counterclaim alleged that on May 10, 1913, plaintiffs sold and promised and agreed to deliver to…
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice McBride. This is an action in trover by T. Kondo and K. Kureye against Charles R. Aylsworth and Frank C. Espenhain, partners under the name of Sunnyside Fuel Company, for the taking and conversion of 71 cords of wood of the alleged value of $284. Defendants answered by general denial, and by way of counterclaim alleged that on May 10, 1913, plaintiffs sold and promised and agreed to deliver to defendants on the railroad track at Anderson Station a quantity of wood consisting of 1,000 cords, situated near said…
1Opinion of the CourtJustice McBride
1, 2. Before considering the errors alleged it seems proper to consider the nature of the alleged contract. It is claimed by the defendants in their'testimony that on the tenth day of May, 1913, they entered into an agreement with plaintiffs to purchase the entire 1,000 cords of wood lying in the woods near Anderson Station, and agreed to pay therefor when delivered on board the cars or piled near the track the sum of $2.75 and $3.25 per cord. When the payments were to be made or in what quantities or at what times the wood was to be delivered does not appear. This is clearly an executory…
2Cases cited4 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Loewenberg v. RosenthalOregon Supreme Court · 1889
- Scheunert v. KaehlerWisconsin Supreme Court · 1868
3Cited by9 opinions
- McCargar v. WileyOregon Supreme Court · 1924
- Chance v. CarterOregon Supreme Court · 1916
- Glaser v. Slate Construction Co.Oregon Supreme Court · 1952
- Hackett Digger Co. v. CarlsonOregon Supreme Court · 1928
- Eagle Point v. HanscomOregon Supreme Court · 1927
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