Tippin v. Ward
Oregon Supreme Court
Appeal from Wasco County. This is an action by Tippin, an aged and infirm person, against Ward, to recover damages upon an alleged breach of contract for tbe support of Tippin by Ward.
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Appeal from Wasco County. This is an action by Tippin, an aged and infirm person, against Ward, to recover damages upon an alleged breach of contract for tbe support of Tippin by Ward. On the trial it was shown to prove the alleged breach by Ward, that a conversation took place between the parties, in which it was proposed by Ward that Tippin should leave Ward’s house and go on the county as a pauper; to which proposal Tippin answered, “Well, I can go;” that thereafter Ward, who is the appellant, took Tippin, the respondent, to the county seat, a hundred miles distant, for the purpose of…
1Opinion of the Court
By tlie Court,
Shattuck, J.:
The admission in evidence of the affidavit of the appellant, made before the county judge, in a proceeding to have the respondent placed- in the county poorhouse, was not error. The making of that affidavit, although subsequent in date to the alleged breach of contract, was an act of the appellant, and the statements contained in the affidavit were his declarations and admissions relating to the subject-matter of the contract involved in this litigation, and as such were clearly admissible in evidence.
The denial of the motion for nonsuit was proper, because the…
2Cases cited1 opinion
- Shaffer v. LeeNew York Supreme Court · 1850
3Cited by12 opinions
- Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
- Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Bolt v. Influence, Inc.Oregon Supreme Court · 2002
- Sax v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1900
- Vanbebber v. PlunkettOregon Supreme Court · 1895
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