Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1910-12-16
LITIGATION IS ENDED
LONG DRAWN OUT HOP SUIT
DECIDED BY SUPREME COURT
Krebs Hop Company Is Awarded
Heavy Judgment I'm Case Against
Livesley s. Company.

After being in litigation for a period
of time extending from March, 1906,
to the present, the famous case of the
Krebs Hop company VS.. T. A. Livesley
& Co. was finally decided yesterday
morning, when the supreme court de-
nied the petition of the latter company
for a rehearing and affirmed its orig
inal judgment, which was in favor of
the Krebs Hop company. This is the
sixth time that this case has been be-
fore the supreme court upon the orig
inal appeal and petitions for rehear-
ing and otherwise, and this is the ul-
innate and final decision of the case.
The case was based upon a con-
tract entered into between the Krebs
Hop company and T. A. Livesley in the
year 1905. The contract covered per-
iod of five years, and according to its
terms the Krebs company agreed to
sell to T. A. Livesley & Co. all the hops
raised on the Krebs farm at IA cents
a pound. Livesley & Co. accepted the
hops for the first year, although the
market price was then but 12A cents. |
In the spring of 1906, when the pay
ment for that years crop, $4,000, came
due, hops in the market were quoted
at 10 cents and Livesley & Co rescind-
ed the contract and from that time
dates the litigation of the case in the
courts
The Krebs company began an action
to collect the payment, and was given
O. judgment in the circuit court. An
ar:'eal was taken by Livesley & Co. to
the supreme court and the lower court
vas sustained. A rehearing was petit
toned for, but denied. Livesley & Co.
then began a suit in equity to restrain
the Krebs company from the collec-
tion of the Judgment and secured an
injunction. Upon a hearing the circuit
court dissolved it and decided in favor
Of the Krebs company. Again Livesley
e Co. appealed to the supreme court
and again the decision went against it.
A rehearing was petitioned for and ar
gued, but in the meantime Judge Bean
retired from the supreme bench, and I
hat meant the rearguing of the case. {
It was finally argued before the su-
Dreme court last spring, and the de- I
,ision rendered yesterday by the su
oreme court finally disposes of the !
,ase. ,
Pending a decision in this case the =
xrebs company brought other actions
or the violation of the contract on the ,
part of Livesley & Co. and secured
Judgment of $4,000 and interest. An
,ther judgment of $1,000 and interest
vas secured in the circuit court, but
he case Is pending before the supreme {
'ourt Ever since the first year, 1905, Y
wesley & Co. have refused to accept 7
he hops under the terms of the con-
ract and in each instance the Krebs
company has sold them at a profit.
AS the case now stands, Livesley &
20. have paid for one crop of hops that Z
/ received and a judgment of $4,000
or hops never received has been col Z
ected; the judgment of $4,000, togeth-
r with interest secured today, makes q
second amount that it will have to v
ay for hops never received, and l
hould the judgment received in the
lrcuit court for $1,000 be sustained c
y the supreme court, there will be
bird judgment that 1t must pay, and
yithout having received a single bas-
etful of hops in return. The Krebs :,
Top company was represented by the =
NV firm of Carson e. Brown, and .
wesley & Co. by Writ Minor and VIM.
Statesman.