Propst v. William Hanley Co.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. It is agreed that the defendant as party of the first part and the plaintiff as party of the second part entered into a written contract on June 30,1917, whereby the defendant sold to the plaintiff the entire crop of hay for that year grown on certain realty near Juntura, Oregon, at a price of $14 a ton, reserving to itself seventy-five tons to be used in operating the property. The defendant was to cut, rake and shock the hay.
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From Malheur: Dalton Biggs, Judge. In Banc. It is agreed that the defendant as party of the first part and the plaintiff as party of the second part entered into a written contract on June 30,1917, whereby the defendant sold to the plaintiff the entire crop of hay for that year grown on certain realty near Juntura, Oregon, at a price of $14 a ton, reserving to itself seventy-five tons to be used in operating the property. The defendant was to cut, rake and shock the hay. The plaintiff was to- haul it and stack it, except the reserved portion. The hay was to be measured thirty days after…
1Opinion of the CourtBurnett, J.
Two questions are presented in the argument in the defendant’s brief: One is the contention that in allowing the plaintiff to offer proof of the quoted allegation of his complaint the court violated the rule against allowing other evidence of the terms of *400an agreement than the contents of the writing itself. The other assignment; of error is predicated upon an instruction given by the court to the effect that the measure of damages was the difference between the contract price of the hay and the market value thereof on the date of the breach, together with, interest at 6 per cent on that sum…
2Cases cited3 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Sayre v. MohneyOregon Supreme Court · 1899
- Williams v. Pacific Surety Co.Oregon Supreme Court · 1915
3Cited by13 opinions
- Craswell v. BiggsOregon Supreme Court · 1938
- Johnson v. FeskensOregon Supreme Court · 1934
- Smith v. Washburn-Wilson Seed Co.Idaho Supreme Court · 1934
- Hurlbut v. Butte-Kansas Co.Supreme Court of Kansas · 1926
- Steiner, Inc. v. HILLOregon Supreme Court · 1951
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