Chamberlain v. Townsend
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by E. H. Chamberlain against Henry A. Townsend and Eunice Townsend. The complaint alleges that the defendants are husband and wife, and constitute a family; that between certain dates the plaintiff performed labor of a certain reasonable value-at the special instance and request of the defendants in pruning their orchard and various other tasks about their farm.
Read the full summary
From Marion: Percy E. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by E. H. Chamberlain against Henry A. Townsend and Eunice Townsend. The complaint alleges that the defendants are husband and wife, and constitute a family; that between certain dates the plaintiff performed labor of a certain reasonable value-at the special instance and request of the defendants in pruning their orchard and various other tasks about their farm. Then follows this allegation: ‘ ‘ That all of said work, labor and services were performed upon the farm of said defendant, Eunice…
1Opinion of the CourtJustice Burnett
1, 2. The first error assigned is that the court erred in overruling the defendants’ motion to require the plaintiff to elect as stated. This presupposes that three forms of action for the same liability are set forth in the complaint. An inspection of that pleading shows that it contains only a statement of a cause of action for labor and services rendered by the plaintiff to the defendants. True enough, it is said, as quoted above, that this was a necessary family expense. That, however, states only a conclusion of law, and does not disclose facts from which the court can draw such a…
2Cases cited4 opinions
- Fitzgerald v. McCartySupreme Court of Iowa · 1881
- West v. EleyOregon Supreme Court · 1901
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Dodd v. St. JohnOregon Supreme Court · 1892
3Cited by10 opinions
- McCargar v. WileyOregon Supreme Court · 1924
- Tot v. GongOregon Supreme Court · 1918
- Chance v. CarterOregon Supreme Court · 1916
- Felder v. ReethCourt of Appeals for the Ninth Circuit · 1929
- Sinnock v. ZimmermanOregon Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.