Aerne v. Gostlow
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by C. Aerne, Jr., against A. E. Gostlow and the Union Guarantee Association, a corporation. The.case was tried without a jury and from a judgment in favor of plaintiff, the Union Guarantee Association appeals. The facts are as follows: In March 1909, plaintiff let a contract to defendant Gostlow for the erection of a dwelling house in Portland.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by C. Aerne, Jr., against A. E. Gostlow and the Union Guarantee Association, a corporation. The.case was tried without a jury and from a judgment in favor of plaintiff, the Union Guarantee Association appeals. The facts are as follows: In March 1909, plaintiff let a contract to defendant Gostlow for the erection of a dwelling house in Portland. The contract price was $6,800, and the building was to be completed within 100 days from March 9, 1909. Gostlow entered into an undertaking for the faithful…
1Opinion of the CourtJustice McBride
Counsel for defendants concede that if Krull’s letters, consenting to a settlement by plaintiff with Gostlow, are binding upon the Guarantee Company, defendants are liable in this action. This, viewed from defendants’ standpoint, reduces the controversy to a single proposition, and we will so treat it.
1. In considering the findings of the circuit court on that subject, it will be borne in mind that, by Section 159, L. O. L., the findings of the court in an action tried by it without a jury are deemed a verdict, and therefore, if there is any evidence to sustain such findings, they are…
2Cases cited5 opinions
- Hicklin v. McClearOregon Supreme Court · 1889
- Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
- Courtney v. Bridal Veil Box FactoryOregon Supreme Court · 1909
- Haner v. FuruyaWashington Supreme Court · 1905
- Methuen Co. v. HayesSupreme Judicial Court of Maine · 1851
3Cited by15 opinions
- Eads v. BormanOregon Supreme Court · 2012
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Beard v. BeardOregon Supreme Court · 1913
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Thomas v. Smith-Wagoner Co.Oregon Supreme Court · 1925
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