Moore v. Lachmund
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Eakin. This is an action by G. J, Moore against Louis Lachmund and Julius Pincus, partners doing business under the firm name and style of Louis Lachmund & Co. and Russell Catlin, to recover damages suffered by plaintiff by reason of the breach of an undertaking given on the issuance of a temporary injunction in the case of Lachmund and others against G. J. Moore, Rebecca A. Moore, and C. E. Nash.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Eakin. This is an action by G. J, Moore against Louis Lachmund and Julius Pincus, partners doing business under the firm name and style of Louis Lachmund & Co. and Russell Catlin, to recover damages suffered by plaintiff by reason of the breach of an undertaking given on the issuance of a temporary injunction in the case of Lachmund and others against G. J. Moore, Rebecca A. Moore, and C. E. Nash. Plaintiffs in the latter case brought suit against defendants upon the contract, dated March 19, 1906, providing for the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1, 2. It is first contended by defendants that there is a variance between the undertaking offered in evidence and the allegations of the complaint, to the effect that the obligors undertake to pay this plaintiff all costs, damages, etc., and that by its terms the undertaking is made payable to defendants in the suit, namely, G. J. Moore, Rebecca A. Moore, and C. E. Nash. The undertaking is set out as an exhibit and made a part of the complaint. We do not deem this a variance, in view of the fact that the undertaking creates a liability in favor of any one of…
2Cases cited13 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Houghton v. MeyerSupreme Court of the United States · 1908
- Hildreth v. FittsSupreme Court of Vermont · 1881
- Summers v. FarishCalifornia Supreme Court · 1858
- Fowler v. FrisbieCalifornia Supreme Court · 1869
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3Cited by7 opinions
- Hayes Oyster Co. v. DulcichCourt of Appeals of Oregon · 2000
- Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
- Fredenburg v. HornOregon Supreme Court · 1923
- Strimling v. Union Indemnity Co.Supreme Court of Minnesota · 1928
- Vincent, Albin & Strahl v. HinesSupreme Court of Iowa · 1924
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