Carney v. Barrett
Oregon Supreme Court
Appeal from Multnomah County. This is an action upon a contract to recover one hundred and five dollars for board and lodging furnished by plaintiff to defendant’s infant son for a period of fourteen weeks.
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Appeal from Multnomah County. This is an action upon a contract to recover one hundred and five dollars for board and lodging furnished by plaintiff to defendant’s infant son for a period of fourteen weeks. The answer admits the defendant’s liability for two weeks’ board and lodging, and denies as to the remainder of the time, twelve weeks, and pleads a set-off of nineteen dollars and fifty cents, and prays judgment for four dollars and fifty cents, the difference between the value of two weeks’ board and nineteen dollars and fifty cents.. The set-off is not denied. Upon the trial the…
1Opinion of the Court
By the Court,
McArthur, J.:
Commercial communication with infants has been productive of much litigation, and hence we find abundant authority to guide us to a correct conclusion in the case now in hand.
The evidence shows that after the expiration of the contract between the plaintiff and the defendant, the plaintiff allowed the defendant’s minor son, Arthur, to board and lodge at his hotel for a period of twelve weeks, notwithstanding the defendant informed him that he would not be responsible for said son’s board and lodging, and the plaintiff, assuming the legal liability of the defendant…
2Cases cited3 opinions
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
- Owen v. WhiteSupreme Court of Alabama · 1837
3Cited by6 opinions
- State v. BirchardOregon Supreme Court · 1899
- Schnitzer v. SteinOregon Supreme Court · 1920
- Matter of Marriage of Haxton and HaxtonOregon Supreme Court · 1985
- State of Oregon v. Blount, Sr.Oregon Supreme Court · 1953
- State of Oregon v. Blount, Sr.Oregon Supreme Court · 1953
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