Waggy v. Scott
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is an action commenced by Jerry Waggy against the partnership of Scott and Company in the Justice’s Court of District Number One of Baker County, to recover damages resulting from the breach, of a parol agreement, and also the reasonable value of goods, wares, and merchandise sold and delivered.
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From Baker: Robert Eakin, Judge. This is an action commenced by Jerry Waggy against the partnership of Scott and Company in the Justice’s Court of District Number One of Baker County, to recover damages resulting from the breach, of a parol agreement, and also the reasonable value of goods, wares, and merchandise sold and delivered. It is alleged in the first cause of action that the defendants, for a valuable consideration, promised and agreed to deliver to the plaintiff twenty-five thousand feet of lumber, of the reasonable value of seven dollars per thousand feet; that they delivered four…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The first ground of the demurrer admitted the truth of the probative facts alleged, and if the whole or any part of the complaint can be resolved into a cause of action, the general demurrer is unavailing to challenge its sufficiency: Ketchum v. State, 2 Or. 103; Toby v. Ferguson, 3 Or. 27; Simpson v. Prather, 5 Or. 86; Jackson v. Jackson, 17 Or. 110 (19 Pac. 847); Bliss on Code Pleading, § 417. And the statement in the second count being clearly sufficient to constitute a cause of action, the court very properly overruled the general demurrer.
2. It is contended…
2Cases cited7 opinions
- Jackson v. JacksonOregon Supreme Court · 1888
- Currie v. Southern Pacific Co.Oregon Supreme Court · 1892
- Moser v. JenkinsOregon Supreme Court · 1875
- Forbis v. InmanOregon Supreme Court · 1892
- Simpson v. PratherOregon Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jackson v. StearnsOregon Supreme Court · 1906
- Gabel v. ArmstrongOregon Supreme Court · 1918
- Beamish v. NoonOregon Supreme Court · 1915
- Burnett v. MarrsOregon Supreme Court · 1912
- Whitney v. WhitneyOregon Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.