Toon v. Wapinitia Irrigation Co.

Our Code provides that, in cases tried to the court without a jury, “the finding of the court upon the facts shall be deemed a verdict.* * ” Section 159, Or. L.

The defendant contends in its brief that the complaint is insufficient to charge it with the execution and delivery of the alleged coupons. The complaint was not carefully prepared. But, if defendant’s criticism be just, whatever defects it contains in the matter of the absence of allegations with reference to the existence of. the securities have been cured by answer. In 14 Encyclopedia of Pleading and Practice, page 264, note, are…