Livesley v. Johnston
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On September 5, 1902, the plaintiffs, T. A. Livesley & Co., entered into a contract with the defendant, John Johnston, Jr., by the terms of which the latter agreed to sell and deliver to the plaintiffs and they agreed to purchase 20,000 pounds of hops at 9-|- cents a pound, for each of the years from 1903 to 1907, inclusive, such hops to be grown on a yard leased by Johnston from Frank Chappelle and…
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On September 5, 1902, the plaintiffs, T. A. Livesley & Co., entered into a contract with the defendant, John Johnston, Jr., by the terms of which the latter agreed to sell and deliver to the plaintiffs and they agreed to purchase 20,000 pounds of hops at 9-|- cents a pound, for each of the years from 1903 to 1907, inclusive, such hops to be grown on a yard leased by Johnston from Frank Chappelle and others. The plaintiffs agreed to advance to Johnston on or before April 1st of each year $336, with which to pay the…
1Opinion of the CourtChief Justice Bean
1. After this appeal had been perfected the appellants moved for an order directing the plaintiffs and respondents to satisfy the decree, on the ground that after the case was argued and submitted to the trial court, and while it was under advisement, the plaintiffs and Johnston voluntarily settled the subject matter of the litigation and canceled the contract upon which the suit is based, which fact was concealed and suppressed by the plaintiffs' and their attorneys, and was not known to the defendants or the court below until long after the decree had been rendered. This is an appellate…
2Cases cited12 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Benedict v. LynchNew York Court of Chancery · 1815
- Creath's Administrator v. SimsSupreme Court of the United States · 1847
- Livesley v. JohnstonOregon Supreme Court · 1904
- Moores v. MooresOregon Supreme Court · 1899
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3Cited by9 opinions
- Merges v. MergesOregon Supreme Court · 1919
- Stires v. SherwoodOregon Supreme Court · 1915
- Cameron v. BensonOregon Supreme Court · 1983
- Thomas v. Booth-Kelly Co.Oregon Supreme Court · 1908
- Mendelsohn v. MendelsohnOregon Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.