La Follett v. Mitchell
Oregon Supreme Court
From Marion; James W. Hamilton, Judge. Tbis is an action by Joseph W. La F'ollett against McKinley Mitchell to recover damages for breach of a contract.
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From Marion; James W. Hamilton, Judge. Tbis is an action by Joseph W. La F'ollett against McKinley Mitchell to recover damages for breach of a contract. On May 17, 1898, the plaintiff and defendant entered into a contract, whereby the former agreed to sell and deliver to the latter by June 1, 1898, if possible, f. o. b. boat on the Willamette River, all his crop of potatoes, which it was supposed would amount to from 700 to 900 sacks, defendant to furnish the sacks and pay a certain stipulated price for the potatoes when so delivered. Soon after making the contract, the plaintiff, with five…
1Opinion of the CourtJustice Bean
The several assignments of error may all be disposed of by a consideration of the motions for a nonsuit and for a directed verdict. The grounds of these motions are: (1) That it was not shown that Taylor, who assumed to attach the potatoes on May 31, 1898, ivas an officer authorized to serve a writ of attachment; (2) that his return upon the writ is conclusive in this action as to the number of bushels of potatoes attached; and (3) that the judgment in the former action brought by the defendant against the plaintiff on July 9, 1898, to recover damages for an alleged breach of the contract, is…
2Cases cited5 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Glenn v. SavageOregon Supreme Court · 1887
- Garwood v. GarwoodCalifornia Supreme Court · 1866
- Applegate v. DowellOregon Supreme Court · 1887
- Mitchell v. La FollettOregon Supreme Court · 1900
3Cited by29 opinions
- Caseday v. LindstromOregon Supreme Court · 1904
- State of Oregon v. DeweyOregon Supreme Court · 1956
- Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
- Winters v. BisaillonOregon Supreme Court · 1936
- Taylor v. TaylorOregon Supreme Court · 1909
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