Legal Opinion

McMillan v. Batten

Oregon Supreme Court

Decided July 14, 1908PublishedCited by 7 opinions

From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. COMMISSIONER SLATER. This action was brought to recover $1,250—the agreed purchase price of 10 shares of stock of the Bend Mercantile Company, a corporation engaged in a general merchandise business at the town of Bend, in Crook County, which stock, it is alleged, was sold to the defendants on January 12, 1906. Defendants were at the time the principal stockholders and officers of the corporation, while plaintiffs…

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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. COMMISSIONER SLATER. This action was brought to recover $1,250—the agreed purchase price of 10 shares of stock of the Bend Mercantile Company, a corporation engaged in a general merchandise business at the town of Bend, in Crook County, which stock, it is alleged, was sold to the defendants on January 12, 1906. Defendants were at the time the principal stockholders and officers of the corporation, while plaintiffs were the active managers of its store to the extent of buying and selling goods. The action is based on a written…

1Opinion of the Court

Opinion by

Mr. COMMISSIONER SLATER.

To reverse the judgment defendants contend, first, that plaintiffs failed to make a case sufficient to support a verdict, and this is based on the claim (1)' that the written instrument sued upon as a contract contains no binding obligation on defendants to take and pay for the remaining ten shares of stock, but they say it amounts only to an option on their part, to purchase; and (2) that there was a failure of proof of performance by plaintiff of all the obligations of the contract on their part.

1. The first- position is not tenable. While the written…

2Cases cited3 opinions

  1. Krebs Hop Co. v. LivesleyOregon Supreme Court · 1908
  2. Specht v. AllenOregon Supreme Court · 1885
  3. Ellison & Co. v. Johnson & Co.Supreme Court of South Carolina · 1906

3Cited by7 opinions

  1. Cooper v. Hillsboro Garden TractsOregon Supreme Court · 1915
  2. Purdy v. UnderwoodOregon Supreme Court · 1918
  3. Sperry v. StennickOregon Supreme Court · 1913
  4. Ferris v. HawkinsSupreme Court of Rhode Island · 1983
  5. Society of Doukhobors v. HeckerOregon Supreme Court · 1917

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