Wallace v. Oregon Engineering Co.
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Department 2. This is an action for damages for the breach of a contract. The cause was tried before a jury. At the close of the evidence, the court granted defendant’s motion for nonsuit. Plaintiff appeals.
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From Clackamas: James U. Campbell, Judge. Department 2. This is an action for damages for the breach of a contract. The cause was tried before a jury. At the close of the evidence, the court granted defendant’s motion for nonsuit. Plaintiff appeals. In 1915, the Oregon Engineering and Construction Company entered into a contract with the South Fork Water Commission of Oregon City, Oregon, by which contract the Oregon Engineering and Construction Company agreed with the water commission to construct a water system for the City of Oregon City for approximately $119,293. The contract was in…
1Opinion of the CourtBean, J.
1. It is assigned that the trial court erred in holding that the subcontract between Wallace and the Oregon Engineering and Construction Company did not go into effect on the day it was executed, by reason of the clause in the original contract providing that no part of the work should be sublet, and that Wallace could not sublet the work to the Phelan Construction Company without the consent of the South Fork Water Commission.
The plaintiff Wallace was bound only by the terms of his subcontract. He was not bound by the terms of the original contract except in so far as the original contract…
2Cases cited4 opinions
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1916
- Burck v. TaylorSupreme Court of the United States · 1894
- Tallmadge v. HooperOregon Supreme Court · 1900
- Myers v. Strowbridge Estate Co.Oregon Supreme Court · 1916
3Cited by11 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Erickson v. Grande Ronde Lumber Co.Oregon Supreme Court · 1939
- Cross v. CampbellOregon Supreme Court · 1944
- Widing v. JENSEN, REAL ESTATE COMMISSIONEROregon Supreme Court · 1962
- Hyland v. Oregon Agricultural Co.Oregon Supreme Court · 1924
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