Taylor v. T. Patterson & Co.
Oregon Supreme Court
Appeal from Multnomah County. This action was brought to recover the sum of $5788.50 in gold coin, claimed to be due as follows: “That heretofore, to wit, on or about the 29th day of June, 1871, the defendants, as copartners, under the firm name of T. Patterson & Co., entered into a contract with the plaintiff, and in writing requested him to engage in service for them, the defendants, in the capacity of editing and writing for the certain newspaper then and still published…
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Appeal from Multnomah County. This action was brought to recover the sum of $5788.50 in gold coin, claimed to be due as follows: “That heretofore, to wit, on or about the 29th day of June, 1871, the defendants, as copartners, under the firm name of T. Patterson & Co., entered into a contract with the plaintiff, and in writing requested him to engage in service for them, the defendants, in the capacity of editing and writing for the certain newspaper then and still published in Portland, Oregon, known and called the “Daily Oregon Herald,” and the “ Weekly Oregon Herald,” and the defendants…
1Opinion of the Court
*123By the Court,
Bonham, J.:
Iu this ease it was argued, by counsel for appellants, that inasmuch as the complaint does not charge that there was a contract in writing between plaintiff and defendants for the payment of gold coin, the court erred in rendering judgment for gold coin, non obstante verdicto. Respondent’s counsel argued that, by a fair construction of his pleading, in setting forth the count for services as editor of the “Herald” at $50 per week, it is averred that the contract for such service and compensation was in writing; but, that if the court should hold that such contract is…
2Cases cited8 opinions
- Webster v. CooperSupreme Court of the United States · 1853
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Elting v. VanderlynNew York Supreme Court · 1809
- Estep v. BurkeIndiana Supreme Court · 1862
- Dewey v. HoagNew York Supreme Court · 1853
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