Stillwell v. Hill
Oregon Supreme Court
From Union: Jora W. Knowles, Judge. Statement by Mb. Justice Bean. This is an action to recover damages for the breach of a contract for the sale of hay. Verdict and judgment went for plaintiffs and defendants appeal.
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From Union: Jora W. Knowles, Judge. Statement by Mb. Justice Bean. This is an action to recover damages for the breach of a contract for the sale of hay. Verdict and judgment went for plaintiffs and defendants appeal. On September 22, 1915, the defendants, H. M. 0. Company, and the plaintiffs, Stillwell & Proffitt, entered into an agreement in writing whereby the former agreed to furnish to the latter 400 tons of hay, more or less, delivered in the stack upon its premises known as the H. M. 0. Company ranch, located in Union County, Oregon, at the price of $6 per ton on measurement of 480…
1Opinion of the Court · BeanJustice Bean
1, 2. The first question for determination is whether the judgment in the former action of H. M. C. Company v. Stillwell & Proffitt, entered on March 19, 1916, is a bar to the prosecution of this action. From the pleading’s in the former action which have been referred to briefly, it is noticed that Stillwell & Proffitt denied the delivery of more than 263 tons of hay and affirmatively alleged that H. M. C. Company failed to deliver the balance of the 283 tons of hay mentioned in the contract. As we view the matter this allegation amounted to no more than an affirmative denial. They did not…
Also in this document: Opinion of the Court · Bean.
2Cases cited17 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Jones v. . MorganNew York Court of Appeals · 1882
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