Browne & Co. v. John P. Sharkey Co.
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice McBride. This is an action by H. C. Browne & Co. against the J. P. Sharkey Co. The facts as disclosed at the trial are as follows: On September 4, 1908, defendant, entered into a contract with Lewis M. Head by the terms of which Head was to print and furnish to defendant 10,000 booklets, descriptive of Council Crest, an addition to the city of Portland, which defendant was preparing to place upon the market.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice McBride. This is an action by H. C. Browne & Co. against the J. P. Sharkey Co. The facts as disclosed at the trial are as follows: On September 4, 1908, defendant, entered into a contract with Lewis M. Head by the terms of which Head was to print and furnish to defendant 10,000 booklets, descriptive of Council Crest, an addition to the city of Portland, which defendant was preparing to place upon the market. The booklet was to contain 32 pages, including reading matter, certain illustrations, and a bird’s-eye view half-tone…
1Opinion of the CourtJustice McBride
1. The findings of the court below are each supported by some evidence, and therefore we cannot consider the weight of evidence introduced to support them.
2. No time for the completion of the work was specified in the contract, and it follows that it should have been completed within a reasonable time. What constitutes a reasonable time is to be predicated upon the circumstances of each particular case, and in this case we think it was competent for plaintiff to show that the work was done as fast as defendant furnished the reading matter which its contract required it to contribute. No delay…
2Cases cited2 opinions
- Campbell v. Board of County CommissionersSupreme Court of Kansas · 1902
- Carter v. StateSouth Dakota Supreme Court · 1895
3Cited by16 opinions
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- Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
- Stotts v. DichdelOregon Supreme Court · 1914
- State v. KingOregon Supreme Court · 2017
- Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
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