Lenz v. Blake
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is an action by the firm of Lenz & Lenz against Blake, McFall Company to recover a balance alleged to be due on account of the sale of paper boxes.
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From Multnomah: Arthur L. Frazer, Judge. This is an action by the firm of Lenz & Lenz against Blake, McFall Company to recover a balance alleged to be due on account of the sale of paper boxes. The complaint avers that on June 3, 1901, plaintiffs, as partners, sold and delivered to defendant, a corporation, certain goods, wares, and merchandise, for the agreed price of $608.48, no part of which had been paid, except $190.18, leaving due $418.30, for which judgment was demanded. The answer denied the material allegations of the complaint, and averred that defendant entered into a contract with…
1Opinion of the CourtChief Justice Moore
The bill of exceptions discloses that at the’ trial plaintiffs introduced testimony tending to show a sale and delivery of the goods without any representations as to their quality. The defendant’s evidence, however, tended to *573prove that the boxes were sold with a warranty, upon which it relied; that the goods were delivered in June, 1901, and it was not discovered until about two months thereafter that the boxes were not suitable for the purpose for which they were ordered; and that there was a substantial difference in quality and value between the boxes ordered and those delivered. No…
2Cases cited14 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Glacius v. . BlackNew York Court of Appeals · 1872
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- O. C. Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1890
- Warder v. FisherWisconsin Supreme Court · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Kitchin v. Oregon Nursery Co.Oregon Supreme Court · 1913
- Meyer v. Everett Pulp & Paper Co.Court of Appeals for the Ninth Circuit · 1912
- Mine Supply Co. v. Columbia Mining Co.Oregon Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.