Wuchter v. Fitzgerald
Oregon Supreme Court
From Multnomah: Bobert Gr. Morrow, Judge.- Action by John Wuchter against Charles Fitzgerald and Bobert' Fitzgerald to recover for labor. From a judgment in favor of plaintiff, defendants appeal. Department 1. Statement by Mr. Justice Benson. This is an action to recover for the value of services rendered.
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From Multnomah: Bobert Gr. Morrow, Judge.- Action by John Wuchter against Charles Fitzgerald and Bobert' Fitzgerald to recover for labor. From a judgment in favor of plaintiff, defendants appeal. Department 1. Statement by Mr. Justice Benson. This is an action to recover for the value of services rendered. The substance of the complaint is that on the first day of June, 1913, plaintiff and defendants entered into a contract whereby plaintiff agreed to clear a certain tract of land with the assistance of the defendants and to have the work completed within about 8 months from that time for the…
1Opinion of the CourtJustice Benson
1. During the trial the court permitted the plaintiff over the objection of defendants to amend his complaint by inserting this paragraph.
“That defendants breached and broke said contract in that they failed and refused to plow said land as it was cleared and grubbed and made ready for plowing, as in said contract they had agreed to do, and this prevented plaintiff from following the plow and removing the roots from said land.”
The action of the court in permitting the amendment is assigned as error but since it does not change the cause of action we cannot discover any abuse of discretion…
2Cases cited4 opinions
- Tribou & McPhee v. StrowbridgeOregon Supreme Court · 1879
- Cozad v. ElamMissouri Court of Appeals · 1905
- Reifschneider v. BeckMissouri Court of Appeals · 1910
- Edward Thompson Co. v. KollmeyerIndiana Court of Appeals · 1910
3Cited by11 opinions
- Kashmir Corp. v. PattersonCourt of Appeals of Oregon · 1979
- City of Portland Ex Rel. Donohue & Fleskes Corp. v. Hoffman Construction Co.Oregon Supreme Court · 1979
- Easton v. QuackenbushOregon Supreme Court · 1917
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
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