Dougan Co. v. Klamath County
Oregon Supreme Court
From Klamath: James W. Hamilton, Judge. In Banc. The plaintiff is a contracting firm which we will hereafter name as “Dougan.” The defendant Klamath County is a legal subdivision of.the state of which R. H. Bunnell is now County Judge, and Burrell Short and Asa Fordyce are Commissioners, the three constituing the County Court. De Lap is the County Clerk, and Van Riper its Treasurer.
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From Klamath: James W. Hamilton, Judge. In Banc. The plaintiff is a contracting firm which we will hereafter name as “Dougan.” The defendant Klamath County is a legal subdivision of.the state of which R. H. Bunnell is now County Judge, and Burrell Short and Asa Fordyce are Commissioners, the three constituing the County Court. De Lap is the County Clerk, and Van Riper its Treasurer. The defendant Marion Hanks was formerly County Judge, and the defendant McCornack a commissioner. The defendant John Koontz is the sole plaintiff in a suit to enjoin the county from the erection of a courthouse on…
1Opinion of the CourtJohns, J.
As we construe the pleadings, the complaint is founded upon the theory that Dougan had a valid and binding contract with the defendant county for the construction of a courthouse on Block 35, at an agreed price; that, having completed his contract, he is entitled to a decree of specific performance against the county and for the recovery of the balance due on the contract price, and that it should be paid out of the special courthouse fund. It is the theory of the defendants that the contract was null and void ab initio; that it was never authorized or legally executed, and that there never…
2Cases cited7 opinions
- Little v. City of PortlandOregon Supreme Court · 1894
- Avery v. JobOregon Supreme Court · 1894
- Curtis & Gartside Co. v. PribylSupreme Court of Oklahoma · 1913
- State ex rel. Viking Township v. MikkelsonNorth Dakota Supreme Court · 1912
- Light v. SchneckIndiana Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
- Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
- Board of Supervisors v. Standard Appliance Co.Supreme Court of Iowa · 1958
- Ward v. Klamath CountyOregon Supreme Court · 1923
- Vinton v. HoskinsOregon Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.