Courtney v. Bridal Veil Box Factory
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. The complaint in this action alleges that on the 21st day of January, 1907, plaintiff entered into an oral contract with the defendant Bridal Veil Box Factory, whereby the said defendant promised, within a reasonable time thereafter, to manufacture and deliver to plain-0 tiff 50,000 oil cases of the following dimensions and specifications : “Inside measure 1914 x 9% x 14*4 ■ Ends, 7-8 inch, S. 2 S. Sides,…
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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice McBride. The complaint in this action alleges that on the 21st day of January, 1907, plaintiff entered into an oral contract with the defendant Bridal Veil Box Factory, whereby the said defendant promised, within a reasonable time thereafter, to manufacture and deliver to plain-0 tiff 50,000 oil cases of the following dimensions and specifications : “Inside measure 1914 x 9% x 14*4 ■ Ends, 7-8 inch, S. 2 S. Sides, 3-8 inch, S. 1 S. 2 pcs. T. & B., 3-8 inch, S. 1 S., 1 pc. tops, 1 pc. bottoms. Some 2 pc. bottoms allowed. Ends to be…
1Opinion of the CourtJustice McBride
1. Several questions of fact are discussed in the brief; but, as the evidence upon them was contradictory, we must accept the findings of the court below, even if we entertained the opinion that a different conclusion should have been reached. Though tried by the court without a *213jury, yet, being a law action, the same rule must govern us in considering the findings made in the court below that would apply to a verdict by a jury. Section 159, B. & C. Comp.; Hallock v. Portland, 8 Or. 29. The contract sued upon was oral; and, if it is a contract for the sale of chattels, it is within the…
2Cases cited5 opinions
- Hicklin v. McClearOregon Supreme Court · 1889
- Hughes v. HolmanOregon Supreme Court · 1893
- Liebe v. NicolaiOregon Supreme Court · 1897
- Hallock v. City of PortlandOregon Supreme Court · 1879
- Hientz v. BurkhardOregon Supreme Court · 1896
3Cited by12 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Aerne v. GostlowOregon Supreme Court · 1911
- Rehfield v. WintersOregon Supreme Court · 1912
- Smith v. BaduraOregon Supreme Court · 1914
- Eugene v. LowellOregon Supreme Court · 1914
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