Leonard v. Howard
Oregon Supreme Court
From Multnomah: Gilbert W. Phelps, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is an action by C. M. Leonard, doing business as Leonard Construction Company, not incorporated, against A. L. Howard and P. Barger, partners doing business as Howard Plumbing & Heating Company,' and National Surety Company, a corporation, for dam-' ages arising out of an alleged contract, the particulars of which are as follows: In the latter part of October, 1911, the…
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From Multnomah: Gilbert W. Phelps, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is an action by C. M. Leonard, doing business as Leonard Construction Company, not incorporated, against A. L. Howard and P. Barger, partners doing business as Howard Plumbing & Heating Company,' and National Surety Company, a corporation, for dam-' ages arising out of an alleged contract, the particulars of which are as follows: In the latter part of October, 1911, the defendants Howard Plumbing & Heating' Company were requested by the Leonard Construction Company to bid upon the plumbing to…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1, 2. We conclude from the evidence that the plans submitted to Howard were identical with those signed by Barger, and that the discrepancy probably arose from the failure of Howard to properly check up his work when he examined them. For this carelessness or mistake plaintiff cannot be held accountable, the mistake not being mutual, and no fraud on the part1 of plaintiff being charged or proved: 20 Am. & Eng. Ency. of Law (2 ed.), 813, 824, 825. We cannot assent to the proposition that by reason of the mistake made by Howard there was no “meeting of minds”…
2Cases cited3 opinions
- Steinmeyer v. SchroeppelIllinois Supreme Court · 1907
- Brown v. LevyCourt of Appeals of Texas · 1902
- Crilly v. Board of EducationAppellate Court of Illinois · 1894
3Cited by9 opinions
- Rushlight Automatic Sprinkler Co. v. City of PortlandOregon Supreme Court · 1950
- United States v. Sabin Metal CorporationDistrict Court, S.D. New York · 1957
- Winklebleck v. City of PortlandOregon Supreme Court · 1934
- Saligman v. United StatesDistrict Court, E.D. Pennsylvania · 1944
- Board of Water and Sewer Com'rs of Mobile v. SpriggsSupreme Court of Alabama · 1962
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