Hubler v. Gaston
Oregon Supreme Court
Appeal from Linn county. The complaint alleges, in substance, that on the 20th day of September, 1879, defendants sold to plaintiff, two thousand bushels of bright, merchantable white oats,' for the sum of seven hundred and sixty dollars, and agreed to deliver the same to plaintiff, in good sacks, on board of the cars at Albany, whenever called for by plaintiff. That plaintiff then and there paid defendants the said sum of seven hundred and sixty dollars for said oats.
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Appeal from Linn county. The complaint alleges, in substance, that on the 20th day of September, 1879, defendants sold to plaintiff, two thousand bushels of bright, merchantable white oats,' for the sum of seven hundred and sixty dollars, and agreed to deliver the same to plaintiff, in good sacks, on board of the cars at Albany, whenever called for by plaintiff. That plaintiff then and there paid defendants the said sum of seven hundred and sixty dollars for said oats. That afterwards, on the 14th day of November, 1879, the plaintiff demanded said oats of the defendants, and defendants…
1Opinion of the Court
By the Court,
Lord, C. J.;
Two questions are presented by this record. First, do the *68facts, as admitted by the pleadings, show an executory or an 'executed contract? And, second, if executory, does the answer set up a sufficient defense of new matter? A contract is said to be executory when there remains something to be done, the performance of which is a condition precedent to the transfer of the property, and executed when the thing and price have been assented to, and nothing remains to be done to prevent the transfer of the property.
In Blackburn on Sales, 151 and 152, it is said that it is…
2Cases cited3 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Russell v. . CarringtonNew York Court of Appeals · 1870
- Chapman v. ShepardSupreme Court of Connecticut · 1872
3Cited by8 opinions
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Ellis & Meyers Lumber Co. v. HubbardSupreme Court of Virginia · 1918
- Hamilton & Rourke v. GordonOregon Supreme Court · 1892
- Huebener v. ChinnOregon Supreme Court · 1949
- Davidhizar v. Elgin Forwarding Co.Oregon Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.