Anderson v. Adams
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. This is an action by N. C. Anderson to recover damages from J. F. Adams, an agent, for the breach of an agreement claimed to have been made in excess of his authority.
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From Klamath: Henry L. Benson, Judge. This is an action by N. C. Anderson to recover damages from J. F. Adams, an agent, for the breach of an agreement claimed to have been made in excess of his authority. It is alleged in the complaint, in substance, that about February —, 1898, the defendant, representing that he was the authorized agent of one Jesse D. Carr, entered into an oral agreement whereby he leased to plaintiff, until October 15th of that year, 120 acres of land in Klamath County, stipulating to construct all ditches necessary, and furnish water sufficient to irrigate a crop of…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendant’s counsel that the complaint does not state facts sufficient to constitute a cause of action, and that the court erred in overruling the demurrer. It is argued that, as no fraud is alleged in the complaint, an action of deceit cannot be founded thereon, and, inasmuch as the damages sought to be recovered are based upon the contract, and not upon the injury resulting from the defendant’s alleged want of authority to enter into the agreement, the action cannot be maintained upon the theory of an implied warranty of such authority. Though there is a conflict of…
2Cases cited17 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Glenn v. SavageOregon Supreme Court · 1887
- Cawston v. SturgisOregon Supreme Court · 1896
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Rolfes v. RusselOregon Supreme Court · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Schafer v. Fraser Et UxOregon Supreme Court · 1956
- Sharkey v. Burlingame Co.Oregon Supreme Court · 1929
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- McFarland v. Carlsbad Sanatorium Co.Oregon Supreme Court · 1913
- Evans v. TrudeOregon Supreme Court · 1952
30 more not listed; retrieve them via the Exa API.