Gaines v. Vandecar
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Chief Justice Eakin. Plaintiff, F. W. Gaines, brings this action to recover judgment against Byron Vandecar upon a contract made between plaintiff’s assignor, George Peebler, and various grain growers of Baker County, Oregon, of whom defendant is one.
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From Baker: William Smith, Judge. Statement by Mr. Chief Justice Eakin. Plaintiff, F. W. Gaines, brings this action to recover judgment against Byron Vandecar upon a contract made between plaintiff’s assignor, George Peebler, and various grain growers of Baker County, Oregon, of whom defendant is one. The contract is in the following words, viz.: “This agreement entered into this 11th day of May, 1908, between the undersigned grain growers of Baker County, Oregon, hereinafter designated as the parties of the first part, and George Peebler, party of the second part, witnesseth: That whereas…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. The transcript on appeal was filed March 18, 1911, and after the briefs upon the appeal were filed on April *19129, 1911, a motion to dismiss the appeal, for the reason that the judgment is not final, was filed by defendant, and this motion is first insisted upon. There is no doubt that defendant, by his motion, sought to obtain a final judgment, and both parties, as well as the court, considered that the judgment rendered was such. The recitals therein disclose a case ripe for judgment, and it was only a clerical omission that it did not state that the case be…
2Cases cited4 opinions
- Marble v. Standard Oil Co.Massachusetts Supreme Judicial Court · 1897
- Fairplay School Township v. O'NealIndiana Supreme Court · 1891
- Lachmund v. Lope SingOregon Supreme Court · 1909
- Barton v. SpinningWashington Supreme Court · 1894
3Cited by15 opinions
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Holtz v. OldsOregon Supreme Court · 1917
- Wheatley v. Carl Halvorson, Inc.Oregon Supreme Court · 1958
- LITHIA LUMBER COMPANY v. LambOregon Supreme Court · 1968
- Bonnevier v. Dairy Cooperative Ass'nOregon Supreme Court · 1961
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