Sutton v. Clarke
Decision Date | 16 March 1903 |
Citation | 71 P. 794,42 Or. 525 |
Parties | SUTTON v. CLARKE et al. |
Court | Oregon Supreme Court |
Appeal from Circuit Court, Douglas County; J.W. Hamilton, Judge.
Action by B.B. Sutton against W.B. Clarke and J.L. Baker, doing business as Clarke & Baker. From a judgment in favor of plaintiff, defendants appeal. Affirmed.
Wm. R Willis, for appellants.
O.P Coshow, for respondent.
This is the second appeal in this case. It was reversed and remanded for a new trial because some of the material issues were not passed upon by the referee and trial court. 40 Or. 508, 67 P. 742. A retrial was had without the intervention of a jury, by stipulation of the parties, upon the evidence taken at the first hearing, and from the judgment thereon the defendants again appeal.
Two questions are presented for decision: (1) Do the findings of fact cover the issue as to whether the amount claimed in the second cause of action was due at the time the complaint was filed? (2) Are the findings on the question of the damages alleged to have been sustained by the defendants supported by the testimony?
The second cause of action is for 99,112 feet of saw logs delivered by the plaintiff to the defendants on or about March 7, 1899, at the agreed price of $2.50 per thousand which the complaint alleges were to be paid for in installments as fast as each 10,000 feet of logs should be sawed into lumber and sold by the defendants, and that a reasonable time had elapsed in which the logs could have been so sawed and sold, and therefore the entire price thereof is due and payable. The answer admits the delivery of the logs as alleged, but denies that they were to be paid for in installments, averring that they were sold on credit until the 1st of January, 1900. The court found that the logs were sold and delivered under a written contract, of date September 27, 1897, by the terms of which the plaintiff agreed to deliver to the defendants two lots of logs, one of 100,000 feet, on or before March 1, 1898, to be paid for on or before the 1st of the following January, at the rate of $2.50 per thousand, and the other of 80,000 feet, to be delivered by March 1, 1899, and paid for by January 1, 1900 that the usual and customary way of transporting logs from the place where they were to be cut to the mill of the defendants was by floating them down a small creek or stream that between November 1, 1897, and March 7, 1898, the plaintiff...
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Israel v. Miller
...the seller may maintain an action against him for the purchase price. This section is declaratory of the common law. See Sutton v. Clarke, 42 Or. 525, 527, 71 P. 794. Liability to pay the purchase price is imposed on a buyer who accepts the goods although he might have refused to accept the......
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State v. McDonald
... ... Farrell v. Oregon Gold Co., 31 Or. 463, 49 P. 876; Sutton v. Clarke, 42 Or. 525, 71 P. 794; State v. Kline, 50 Or. 427, 430, 93 P. 237; Harvey v. Sinker, 35 Ind. 341. The motions and affidavits do not ... ...