Daly v. Larsen
Oregon Supreme Court
From Multnomah: E. D. Shattuck, Judge. The complaint herein contains twenty-seven separate causes of action, all similarly stated. The defense to each . of said causes set up in the answer is also of a like nature, so that it will only be necessary to an understanding of the case to summarize the pleadings of a single cause.
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From Multnomah: E. D. Shattuck, Judge. The complaint herein contains twenty-seven separate causes of action, all similarly stated. The defense to each . of said causes set up in the answer is also of a like nature, so that it will only be necessary to an understanding of the case to summarize the pleadings of a single cause. By the complaint, in the one selected, it is set forth, in effect, that between the first and twenty-fourth days of July, eighteen hundred and ninety-four, one Joe Barbara, at the special instance and request of E. S. Larsen, performed work, labor, and services on his…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
There is but one question in the case, and that is do the findings support the judgment? We think not. The several causes of action are for work and labor done and performed at the instance and request of the defendant, and the statement of each *538contains all the allegations necessary to a recovery upon an implied contract. These were all controverted by the answer, and the findings of fact should have been as broad as the material issues made by the pleadings: Drainage District Number Four v. Crow, 20 Or. 535; Pengra v. Wheeler, 24 Or., at page 539; Jameson v.…
2Cases cited3 opinions
- Moody v. RichardsOregon Supreme Court · 1896
- Drainage Dist. No. 4 v. CrowOregon Supreme Court · 1891
- Jameson v. ColdwellOregon Supreme Court · 1894
3Cited by9 opinions
- Freeman v. TrummerOregon Supreme Court · 1907
- Lewis v. First National BankOregon Supreme Court · 1904
- Jennings v. FrazierOregon Supreme Court · 1905
- Breding v. WilliamsOregon Supreme Court · 1898
- Clackamas Southern Ry. Co. v. VickOregon Supreme Court · 1914
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