Barnes v. Leidigh
Oregon Supreme Court
From Union: Robert Eakin, Judge. Statement by Mr. Justice Bean. This is an action by J. H. and D. Barnes against John H. Leidigh and another to recover $349.07 for lumber sold and 'delivered.
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From Union: Robert Eakin, Judge. Statement by Mr. Justice Bean. This is an action by J. H. and D. Barnes against John H. Leidigh and another to recover $349.07 for lumber sold and 'delivered. In February, 1903, the plaintiffs and defendants made a contract in writing as follows: “That the said J. H. Barnes & Son have this day sold to the Lake Superior Lumber Company their entire mill cut for the year 1903 — mill located near Elgin, Oregon; the lumber to be delivered and unloaded from, wagons at proper piles in the yards of the Lake Superior Lumber Company at Elgin, Oregon, for which the Lake…
1Opinion of the CourtJustice Bean
1. The first three assignments of error challenge the sufficiency of the complaint on the ground that the contract sued on is entire, and not severable, and therefore no recovery can be had without allegation and proof of full performance. The contract provides for the sale by the plaintiffs to the defendants of the entire mill cut of the former for the year 1903, but it is stipulated that all lumber delivered during one month shall be paid for on the 10th of the following month. Delivery, acceptance, and payment were therefore to take place by installments extending through the season, and…
2Cases cited6 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Tenny v. MulvaneyOregon Supreme Court · 1879
- Coos Bay R. R. v. NoslerOregon Supreme Court · 1897
- Oliver v. Oregon Sugar Co.Oregon Supreme Court · 1902
- Corneil v. New Era Lumber Co.Michigan Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Longfellow v. HuffmanOregon Supreme Court · 1909
- H. R. Wyllie China Co. v. VintonOregon Supreme Court · 1920
- Ellingson Lumber Co. v. Department of RevenueOregon Tax Court · 1980
- Krebs Hop Co. v. LivesleyOregon Supreme Court · 1911