Coffin v. Hutchinson
Oregon Supreme Court
Union county: James A. Fee, Judge. Defendants appeal. This is an action to recover a balance of two thousand dollars, alleged to be due from the defendants to the plaintiff on account of the sale and conveyance by the plaintiff to the defendants of three hundred and forty acres of land situated in Union county, Oregon, for which the defendants agreed to pay him at the rate of fifty dollars per acre.
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Union county: James A. Fee, Judge. Defendants appeal. This is an action to recover a balance of two thousand dollars, alleged to be due from the defendants to the plaintiff on account of the sale and conveyance by the plaintiff to the defendants of three hundred and forty acres of land situated in Union county, Oregon, for which the defendants agreed to pay him at the rate of fifty dollars per acre. The answer makes a qualified denial of the allegations of the complaint, by adding thereto the words, “ except as hereinafter alleged.” The answer contains this further and separate defense: “And…
1Opinion of the CourtSteahan, C. J.
The motion for a nonsuit cannot be considered, because the bill of exceptions does not purport to contain all the evidence given upon the trial on the part *556of the plaintiff. We think it highly probable from the course of the trial, that it does in fact contain all the evidence ; but when the record fails to show it affirmatively, we cannot presume that it does. The error mainly relied on by the appellants was the direction of the court as to the verdict. None of the plaintiff’s evidence is contradicted, nor are any of his witnesses attacked by impeachment or otherwise. From their evidence, it…
2Cases cited1 opinion
- Village of St. Johnsbury v. ThompsonSupreme Court of Vermont · 1887
3Cited by20 opinions
- Rickard v. EllisOregon Supreme Court · 1962
- First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
- Dalrymple v. Covey Motor Car Co.Oregon Supreme Court · 1913
- Carney v. DuniwayOregon Supreme Court · 1899
- Owens v. SnellOregon Supreme Court · 1896
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