Portland Iron Works v. Willett
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Commissioner Slater. Tins is a suit for specific performance by the Portland Iron Works against C. W. Willett. Plaintiff is a corporation engaged in devising, manufacturing and selling machinery, particularly for sawmills, and has its construction works or machine shops at Portland,' Oregon.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Commissioner Slater. Tins is a suit for specific performance by the Portland Iron Works against C. W. Willett. Plaintiff is a corporation engaged in devising, manufacturing and selling machinery, particularly for sawmills, and has its construction works or machine shops at Portland,' Oregon. Defendant was a resident of Seattle, Washington, and, having special knowledge and experience in devising, designing and constructing such machinery, on July 5, 1904, solicited employment with it in that capacity. As the result of a series of…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. The sufficiency of the complaint was not challenged by demurrer, but it is now contended for the first time that it fails to state a cause of suit, for the reason that it alleges no consideration for the alleged express agreement on the part of the defendant that all improvements made by him while in jilaintiff’s employ should become and be its exclusive property. In the absence of a demurrer, all intendments must be taken in favor of the sufficiency of the pleading: Fowler v. Phoenix Ins. Co. 35 Or. 559 (57 Pac. 421) ; West v. Eley, 39 Or. 461 (65 Pac.…
2Cases cited6 opinions
- Solomons v. United StatesSupreme Court of the United States · 1890
- Pressed Steel Car Co. v. HansenCourt of Appeals for the Third Circuit · 1905
- West v. EleyOregon Supreme Court · 1901
- Fowler v. Phœnix InsuranceOregon Supreme Court · 1899
- Walker v. HaroldOregon Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. MorrisOregon Supreme Court · 1917
- State v. O'ClairSupreme Judicial Court of Maine · 1972
- Wireless Specialty Apparatus Co. v. Mica Condenser Co.Massachusetts Supreme Judicial Court · 1921
- State v. BroadhurstOregon Supreme Court · 1948
- Nunn v. EhlertMassachusetts Supreme Judicial Court · 1914
19 more not listed; retrieve them via the Exa API.