Pacific Bridge Co. v. Riverside Rock Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by the Pacific Bridge Company, a corporation, against the Riverside Rock Company, a corporation, and is brought to recover $10 a day rent as penalty from the defendant for delay of 112 days in returning to plaintiff a steam shovel after the term for which it was rented had expired.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Eakin. This is an action by the Pacific Bridge Company, a corporation, against the Riverside Rock Company, a corporation, and is brought to recover $10 a day rent as penalty from the defendant for delay of 112 days in returning to plaintiff a steam shovel after the term for which it was rented had expired. The contract was in writing in the form of an offer and acceptance, as follows: “Portland, Oreg-on, April 28, 1911. “Riverside Rock Co., * * City— “Dear Sirs: Confirming our recent conversation upon the subject…
1Opinion of the CourtJustice Eakin
1. Defendant contends that, when the accident happened to the shovel September 26th, it was at plaintiff’s risk, that defendant was released thereby from the contract to pay rental thereafter, and that plaintiff was liable to reimburse defendant for the expense of repair, both of which questions must be controlled by the construction of the contract. It contemplated that defendant would keep the shovel in repair at its own expense. Any breakdowns or other disabling of the shovel was at its risk and expense, both for its own use and for its return under the terms of the contract. Defendant…
2Cases cited4 opinions
- Blagen v. ThompsonOregon Supreme Court · 1892
- Hoskins v. ScottOregon Supreme Court · 1908
- District Township of Union v. SmithSupreme Court of Iowa · 1874
- Hockersmith v. HanleyOregon Supreme Court · 1896
3Cited by5 opinions
- Shepherd v. Hub Lumber Co.Oregon Supreme Court · 1975
- Stern v. SicaSuperior Court of Pennsylvania · 1917
- Darelius v. Commonwealth Mortgage Co.Supreme Court of Minnesota · 1922
- Edward Hines Lumber Co. v. Purvine Logging Co.Oregon Supreme Court · 1965
- Tuttle v. Irvine Construction Co.'s ReceiverCourt of Appeals of Kentucky (pre-1976) · 1934