McPheeters v. Smith
Oregon Supreme Court
Prom Multnomah: Henry E. McGinn, Judge. Action by Joseph McPheeters against Dr. N. L. Smith, in which findings were made and a judgment rendered thereon in favor of defendant, and plaintiff appeals. Reversed and remanded. Department 1. Statement by Mr. Chief Justice McBride. This is an action to recover upon a conditional sale, note, and contract for the purchase of a piano.
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Prom Multnomah: Henry E. McGinn, Judge. Action by Joseph McPheeters against Dr. N. L. Smith, in which findings were made and a judgment rendered thereon in favor of defendant, and plaintiff appeals. Reversed and remanded. Department 1. Statement by Mr. Chief Justice McBride. This is an action to recover upon a conditional sale, note, and contract for the purchase of a piano. In his answer defendant alleges fraud and misrepresentation as to the character and quality of the instrument. The matter in the answer having been put in issue by appropriate denials the following findings were rendered:…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBbide.
1. Defendant in his answer while first formally denying the contract practically admits that he made it, suggesting only certain immaterial variations, and asks to be relieved from it because the quality of the instrument was misrepresented to him by the seller. This was substantially the sole issue made by the pleadings. It was an affirmative defense, and before defendant could have a judgment releasing bim from what was otherwise his confessed legal obligation to *597pay for the instrument there should have been a finding of facts showing that the defense was…
2Cases cited1 opinion
- Freeman v. TrummerOregon Supreme Court · 1907
3Cited by1 opinion
- McCulloch v. KollockOregon Supreme Court · 1934