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Hurst v. W.J. Lake & Co.

Oregon Supreme Court
16 P.2d 627 (1932)


Facts

W.J. Lake & Company (defendant) contracted to buy horse-meat scraps from Roscoe Hurst (plaintiff) for $50 per ton, with a $5 per ton discount if the scraps contained less than 50 percent protein. The scraps contained 49.53 to 49.96 percent protein, and Lake paid only $45 per ton. Hurst sued to recover the additional $5 per ton, because both parties belonged to a trade group that used the terms “minimum 50 percent protein” and “less than 50 percent protein” to require the buyer to accept scraps containing 49.5 percent protein or more at full price. The trial court entered judgment on the pleadings for Lake, and Hurst appealed.

Rule of Law

Issue

Holding and Reasoning (Rossman, J.)

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