Legal Opinion

Larkin v. Carstens Packing Co.

Oregon Supreme Court

Decided April 11, 1916PublishedCited by 3 opinions

Prom Multnomah: John P. Kavanattgh, Judge. Department 2. Statement by Mr. Justice Harris. After alleging that the Carstens Packing Company is a private corporation organized under the laws of Oregon and doing business in the States of Oregon and Washington, the complaint avers that the defendant' employed Henry H. Larkin to purchase cattle for the company for the agreed compensation of $1 for every head of cattle purchased; that the plaintiff purchased 1,320 head of cattle,…

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Prom Multnomah: John P. Kavanattgh, Judge. Department 2. Statement by Mr. Justice Harris. After alleging that the Carstens Packing Company is a private corporation organized under the laws of Oregon and doing business in the States of Oregon and Washington, the complaint avers that the defendant' employed Henry H. Larkin to purchase cattle for the company for the agreed compensation of $1 for every head of cattle purchased; that the plaintiff purchased 1,320 head of cattle, which were accepted by the company; and that the plaintiff therefore earned $1,320, of which only $862.36 has been paid,…

1Opinion of the CourtJustice Harris

It will be observed that the answer notified the plaintiff that the company contended: (1) That Larkin had not contracted with the defendant an Oregon corporation, but that he had been employed by a Washington corporation having the same name as the defendant; and (2) that plaintiff had been paid for the services rendered by him during the employment. The bill of exceptions recites that Thomas Carstens was called as a witness for the defendant, for the purpose of showing that the contract of employment was made by Thomas Carstens for the Carstens Packing Company, a Washington corporation, and…

2Cases cited3 opinions

  1. Wicktorwitz v. Farmers' InsuranceOregon Supreme Court · 1897
  2. Spande v. Western Life Indemnity Co.Oregon Supreme Court · 1911
  3. Dowell v. WilliamsSupreme Court of Kansas · 1885

3Cited by3 opinions

  1. Ellenberger v. Fremont Land Co.Oregon Supreme Court · 1940
  2. Hinton v. RoethlerOregon Supreme Court · 1918
  3. Wheeler & Motter Mercantile Co. v. LamertonCourt of Appeals for the Eighth Circuit · 1925

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