Johnson v. Meyers
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 2. In April, 1916, the defendants were the owners of about 3,500 cords of wood on certain lands in Clackamas County, approximately three miles from Bull Run, on the line of the Mt. Hood Railway.
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From Multnomah: John P. Kavanaugh, Judge. Department 2. In April, 1916, the defendants were the owners of about 3,500 cords of wood on certain lands in Clackamas County, approximately three miles from Bull Run, on the line of the Mt. Hood Railway. Desiring to place it on the market, they advertised in a Portland newspaper for someone to haul the wood and in response the plaintiff called upon them, with the result that a written contract was executed between them by which the plaintiff undertook and agreed to deliver the wood to the railroad, to commence work on or before May 1, 1916, and to…
1Opinion of the CourtJohns, J.
The defendants claim that the verdict should be set aside on the ground that it is excessive, but there is testimony tending to support all of the material allegations of the complaint. The jury found for the plaintiff, and Article VII, Section 3, of the Constitution provides:
“No fact tried by a jury shall be otherwise reexamined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict.”
1. Certain letters from the plaintiff to the defendants were introduced in evidence and it is contended that they were in the nature of self-serving…
2Cases cited2 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Rockefeller v. MerrittCourt of Appeals for the Eighth Circuit · 1896
3Cited by7 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- M. Shapiro & Son Construction Co. v. BattagliaSupreme Court of Connecticut · 1951
- Interstate Bldg. Corp. v. HillisCourt of Appeals of Tennessee · 1933
- Hansen v. BussmanOregon Supreme Court · 1979
- Signal Oil Co. v. CommissionerUnited States Tax Court · 1943
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