Rumble v. Cummings
Oregon Supreme Court
From Union: Thomas H. Crawford, Judge. Statement by Mr. Justice Moore. This is an action by E. W. Rumble and F. D. McCully, partners doing business as the Elgin Forwarding Company, against F. M. Cummings, to recover $998.77, the value of certain goods, wares, and merchandise, alleged to have been sold and delivered to the defendant at his request, and for money advanced to him.
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From Union: Thomas H. Crawford, Judge. Statement by Mr. Justice Moore. This is an action by E. W. Rumble and F. D. McCully, partners doing business as the Elgin Forwarding Company, against F. M. Cummings, to recover $998.77, the value of certain goods, wares, and merchandise, alleged to have been sold and delivered to the defendant at his request, and for money advanced to him. The answer denies the material allegations of the complaint, and as counterclaims sets up five separate defenses, in substance as follows: (1) That about June 20, 1906, the parties made an agreement, whereby the…
1Opinion of the CourtJustice Moore
1. It is contended by defendant’s counsel that, as the averments of new matter in the answer are not controverted by the reply, an error was committed in rendering judgment for the plaintiffs. The reply denies the “material” allegations of the answer, except such facts stated therein as are admitted by the plaintiff’s pleadings. The adequacy of the reply was not challenged in any manner at the trial, and, such being the case, any defect in that pleading was thereby waived. Ready v. Schmith, 52 Or. 196 (95 Pac. 817).
2. It is insisted that an error was committed in striking out, over objection…
2Cases cited7 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Connell v. McLoughlinOregon Supreme Court · 1895
- Hahn v. Guardian Assurance Co.Oregon Supreme Court · 1893
- Hedin v. Suburban Railway Co.Oregon Supreme Court · 1894
- Eaton v. O. R. & N. Co.Oregon Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sorenson v. SmithOregon Supreme Court · 1913
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
- Baker v. SeaweardOregon Supreme Court · 1912
- Scales v. First State BankOregon Supreme Court · 1918
- Roemhild v. Home Ins. Co.Oregon Supreme Court · 1929
11 more not listed; retrieve them via the Exa API.