Legal Opinion

Rogue River Fruit & Produce Ass'n v. Gillen-Chambers Co.

Oregon Supreme Court

Decided September 28, 1915PublishedCited by 5 opinions

From Jackson: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Eakin. This is an action by the Rogue River Fruit & Produce Association against the G-illen-Chambers Company upon a contract for the erection of a building.

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From Jackson: Frank M. Calkins, Judge. In Banc. Statement by Mr. Justice Eakin. This is an action by the Rogue River Fruit & Produce Association against the G-illen-Chambers Company upon a contract for the erection of a building. The plaintiff alleged that by reason of the failure of the defendant to keep the terms of the contract it had been damaged in the sum of $2,000. On a trial it recovered judgment for $1,509.52. Defendant appealed, and gave a stay bond, as is provided by Section 551, subdivision 4, L. O. L. Within the time prescribed the plaintiff filed a counter-bond, as required by…

1Opinion of the CourtJustice Eakin

1. The power of this court to issue an injunction in such a case, when the action is within the purview of Section 553, L. O. L., is upheld by this court in Kollock & Co. v. Leyde, 77 Or. 569 (143 Pac. 621); so *115the only question to be considered is as to whether this is an action upon a contract. This it clearly is.

Counsel for defendant contends that the section refers only to a contract for the direct payment of money — for example, a promissory note, when the promisee admits liability for a specific amount — and that it was not intended to cover an action for damages, although the right to…

2Cases cited1 opinion

  1. Kollock & Co. v. LeydeOregon Supreme Court · 1915

3Cited by5 opinions

  1. Spokane County v. Pacific Bridge Co.Oregon Supreme Court · 1923
  2. Lovell v. PottsOregon Supreme Court · 1924
  3. Seaside, City of v. RandlesOregon Supreme Court · 1919
  4. Sandblast v. WilliamsOregon Supreme Court · 1969
  5. State Highway Construction Contracts, Pennsylvania Department of Justice1932

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