Easton v. Quackenbush
Oregon Supreme Court
From Washington: George E. Bagley, Judge. Department 1. Statement by Mr. Justice Burnett. This is an appeal by the defendant on what is to him an adverse margin of forty-eight cents in the amount of the verdict. The plaintiff alleges the making of a written contract between the parties whereby he was to do some grubbing for the defendant “the whole work to be done in a thorough manner, acceptable to the said E. Quackenbush.”
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From Washington: George E. Bagley, Judge. Department 1. Statement by Mr. Justice Burnett. This is an appeal by the defendant on what is to him an adverse margin of forty-eight cents in the amount of the verdict. The plaintiff alleges the making of a written contract between the parties whereby he was to do some grubbing for the defendant “the whole work to be done in a thorough manner, acceptable to the said E. Quackenbush.” The stipulated price was $150, to be paid on completion of the task. The complaint states “that plaintiff has fully performed said contract upon his part to be kept and…
1Opinion of the CourtJustice Burnett
1-4. For the first assignment of error it is enough to say that the complaint does state a cause of action in that it avers the making of the contract; that the plaintiff has fully performed the same upon his part; and that the defendant has not paid any of the specified price except a certain amount credited thereon,
“In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part; and if such allegation be controverted, the…
2Cases cited5 opinions
- Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
- Catlin v. JonesOregon Supreme Court · 1906
- Treadgold v. WillardOregon Supreme Court · 1916
- West v. McDonaldOregon Supreme Court · 1912
- Wuchter v. FitzgeraldOregon Supreme Court · 1917
3Cited by15 opinions
- Walker v. Fireman's Fund InsuranceOregon Supreme Court · 1925
- King v. DittoOregon Supreme Court · 1933
- Lyons v. BrowningOregon Supreme Court · 1943
- Duby v. HicksOregon Supreme Court · 1922
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
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