Interior Warehouse Co. v. Dunn
Oregon Supreme Court
From Gilliam: David E. Parker, Judge. In Banc. Statement by Mr. Justice Bean. Tbis is an action by the Interior Warehouse Company, a corporation, against Edward Dunn for damages for a breach of the following contract: ‘ ‘ Grain Contract. ‘ ‘ Condon, 25 May, 1914. “I have to-day sold to the Interior Warehouse Company for delivery on or before 15th September, 1914, three thousand (3,000) sax net- weight of Fortyfold wheat, at the price of seventy (70) cents per bushel net…
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From Gilliam: David E. Parker, Judge. In Banc. Statement by Mr. Justice Bean. Tbis is an action by the Interior Warehouse Company, a corporation, against Edward Dunn for damages for a breach of the following contract: ‘ ‘ Grain Contract. ‘ ‘ Condon, 25 May, 1914. “I have to-day sold to the Interior Warehouse Company for delivery on or before 15th September, 1914, three thousand (3,000) sax net- weight of Fortyfold wheat, at the price of seventy (70) cents per bushel net weight in the warehouse of Interior "Warehouse Co. at Condon, and hereby acknowledge having received on said sale, as…
1Opinion of the CourtJustice Bean
The issue for determination upon this appeal arises on the overruling of the demurrer. By way of pre*534liminary statement it may be said that the further and separate answers present allegations of a local custom, where crops are sold, to reserve the feed and seed for the ensuing year; of fraud on the part of the plaintiff’s agent in reducing the contract to writing; of a representation made to the defendant before the writing was signed that the terms thereof would not be enforced against him, and of a subsequent waiver by agents of the plaintiff.
1, 2. The provisions of the contract set out in…
2Cases cited17 opinions
- Hartshorn v. DaySupreme Court of the United States · 1857
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Sutherlin v. BloomerOregon Supreme Court · 1907
- Graham v. MerchantOregon Supreme Court · 1903
- Johnson v. JohnsonIdaho Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bliss v. SOUTHERN PACIFIC CO.Oregon Supreme Court · 1958
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Heise v. Pilot Rock Lumber Co.Oregon Supreme Court · 1960
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- Port Investment Co. v. Oregon Mutual Fire InsuranceOregon Supreme Court · 1939
16 more not listed; retrieve them via the Exa API.