Baldro v. Tolmie
Oregon Supreme Court
Reserved from Multnomah. This action was brought to recover damages for the violation of a contract, alleged to have been made in 1841, by the parties, for the purpose of prosecuting certain farming operations at Puget Sound, in the now territory of Washington.
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Reserved from Multnomah. This action was brought to recover damages for the violation of a contract, alleged to have been made in 1841, by the parties, for the purpose of prosecuting certain farming operations at Puget Sound, in the now territory of Washington. To the complaint, which avers a breach of said contract in 1842, the defendants make answer, and, among other things, say, that plaintiff’s “ supposed cause of action did not accrue to him at any time within six years next before the commencement of the suit,” and to this answer the plaintiff demurs.
1Opinion of the CourtWilliams, C. J.
Various statutes of limitation have been enacted in this territory, but the particular one, upon which defendants rely, is the Iowa statute of 1839, adopted here in 1844, and which provides, among other things, that “ actions upon the ease” shall be barred in five years. Plaintiff, however, contends that this statute can be no bar to the present suit, for the reason that the cause of action, set forth in his complaint, is not embraced within that class described by said statute. Under the old form of proceeding, this would *177have been an action of assumpsit, and the doctrine is laid down that…
2Cited by7 opinions
- Board of Education v. BlodgettIllinois Supreme Court · 1895
- Magnolia Petroleum Co. v. WatkinsSupreme Court of Oklahoma · 1936
- Fleming v. WinebergOregon Supreme Court · 1969
- Theis v. Board of County Com'rs of Beaver CountySupreme Court of Oklahoma · 1908
- Christiansen v. Providence Health System of Oregon Corp.Oregon Supreme Court · 2008
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