Catlin v. Jones
Oregon Supreme Court
From Marion: George H. Burnett. Statement by Mr. Chief Justice Bean. This is an action by Iinssell Catlin and another against S. W. Jones, to recover damages for the breach of a contract to sel] and deliver hops.
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From Marion: George H. Burnett. Statement by Mr. Chief Justice Bean. This is an action by Iinssell Catlin and another against S. W. Jones, to recover damages for the breach of a contract to sel] and deliver hops. The complaint alleges that on July 15, 1904, the parties to this action entered into a written contract, by the terms of which the defendant agreed to sell for 141,- cents a pound and deliver to the plaintiffs at Brooks Station, on board cars free of all expense, from 13,000 to 15,000 pounds of hops, to be grown during that season in certain specified yards, and to be of the first…
1Opinion of the CourtChief Justice Bean
1. By the terms of the contract upon which plaintiffs seek to recover, the payment of the purchase price and the delivery of the hops were made concurrent acts, to be performed at the same time. The defendant was not bound to deliver the hops until they were paid for, nor were plaintiffs bound to pay for them until delivered. Payment and delivery were to be performed simultaneously: Beauchamp v. Archer, 58 Cal. 431 (41 Am. Rep. 266); Meeker v. Johnson, 5 Wash. 718 (32 Pac. 772, 34 Pac. 148).
2. But, before the plaintiff can recover damages for a breach of the contract, he must show more than…
2Cases cited10 opinions
- Carrigan v. Port Crescent Improvement Co.Washington Supreme Court · 1893
- Schenck v. Hartford Fire InsuranceCalifornia Supreme Court · 1886
- Davis v. AdamsSupreme Court of Alabama · 1850
- Croninger v. . CrockerNew York Court of Appeals · 1875
- Beckmann v. Phœnix InsuranceMissouri Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- American National Bank v. KerleyOregon Supreme Court · 1923
- Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
- Treadgold v. WillardOregon Supreme Court · 1916
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Lauderback v. Multnomah CountyOregon Supreme Court · 1924
19 more not listed; retrieve them via the Exa API.