Enterprise Hotel Co. v. Book
Oregon Supreme Court
From Wallowa: Robert Eakin, Judge. Statement by Mr. Chief Justice Bean. This is an action by the Enterprise Hotel Co. against Peter Book on a builder’s bond.
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From Wallowa: Robert Eakin, Judge. Statement by Mr. Chief Justice Bean. This is an action by the Enterprise Hotel Co. against Peter Book on a builder’s bond. The complaint alleges that on July 29, 1902, the defendant Book contracted in writing with the plaintiff corporation to erect and construct for it by January 1, 1903, a two-story and basement stone hotel in the City of Enterprise, in accordance with certain plans and specifications, for the sum of $7,366, and to keep the building and premises free from liens for labor or material; that as security for the performance of the contract,…
1Opinion of the CourtChief Justice Bean
There are numerous assignments of error, but they may all be grouped under three or four heads.
1. It is contended that the court erred in admitting in evidence the contract between the plaintiff and Book, and in refusing to direct a verdict for the defendants on account of a failure of proof. The contract in question and the bond heretofore set out are on one sheet of paper and were made up from printed forms. In the contract proper the contracting parties are referred to as the party of the first part and the party of the second part, and the names have been so transposed that, if the…
2Cases cited14 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- United States v. FreelSupreme Court of the United States · 1902
- Cochran v. BakerOregon Supreme Court · 1899
- De Mattos v. JordanWashington Supreme Court · 1896
- Hayden v. CookNebraska Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
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- Minidoka County Ex Rel. Detweiler Bros. v. KriegerIdaho Supreme Court · 1965
- Snow Mountain Water & Power Co. v. KranerCalifornia Supreme Court · 1923
- Aetna Casualty & Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- Milavetz v. ObergSupreme Court of Minnesota · 1917
3 more not listed; retrieve them via the Exa API.