West v. McDonald
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by It. A. West against Duncan McDonald.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by It. A. West against Duncan McDonald. The complaint declares: “That between July 22, 1911, and August 9, 1911, the plaintiff performed and furnished work and labor in boring a well and iron pipe for casing the same to the depth of 350 feet for the defendant, at his special instance and request, of the reasonable value and amount of $1.50 per foot, amounting to the aggregated sum of $525; that said sum of $525 is now due and owing from defendant to plaintiff, no part of which is paid.” The answer upon…
1Opinion of the CourtJustice Burnett
Among others, the defendant requested the court to give this instruction to the jury:
“If you find from the evidence in this case that the understanding and agreement between the plaintiff and the defendant was that the plaintiff should cease drilling and complete the well whenever he struck a good flow of water, and that he did strike a good flow of water at 70 or 80 feet, but that he cut off this water and continued drilling to 350 feet, and never completed the well or secured a flow of water, then I instruct you that the plaintiff cannot recover, and it will be your duty to return a verdict…
2Cases cited10 opinions
- Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
- Ayre v. HixsonOregon Supreme Court · 1908
- O. C. Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1890
- Murray's EstateOregon Supreme Court · 1910
- McGee v. BeckleyOregon Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Denton v. ArnsteinOregon Supreme Court · 1952
- Easton v. QuackenbushOregon Supreme Court · 1917
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- Delovage v. Old Oregon Creamery Co.Oregon Supreme Court · 1915
- West v. McDonaldOregon Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.