Legal Opinion

Kiser v. Holladay

Oregon Supreme Court

Decided July 27, 1896PublishedCited by 4 opinions

From Multnomah: E. D. Shattuck, Judge. This is an action by Andrew Kiser against Joseph Holladay to recover on a quantum meruit for work and labor done and performed between and including July ninth, eighteen hundred and eighty-nine, and July thirtieth, eighteen hundred and ninety-four.

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From Multnomah: E. D. Shattuck, Judge. This is an action by Andrew Kiser against Joseph Holladay to recover on a quantum meruit for work and labor done and performed between and including July ninth, eighteen hundred and eighty-nine, and July thirtieth, eighteen hundred and ninety-four. The defendant denies specifically the allegations of the plaintiff’s cause, and by way of a separate defense sets up an alleged agreement whereby about July tenth, eighteen hundred and eighty-nine, defendant agreed to furnish plaintiff, and plaintiff agreed to accept, board and lodging at Seaside, in Clatsop…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

The notice of appeal contains two assignments of error, but the one relied upon, and the only one urged at the hearing, arises upon the following instruction: “If this plaintiff entered upon this work which he claims to have entered upon, and engaged in it, and Holladay knew of it, and was further notified that the plaintiff expected compensation of some kind for it, and Holladay made no objection to it, but allowed the plaintiff to proceed, then there would be an implied promise to pay for the work what it was reasonably worth. But whether there is any such…

2Cases cited11 opinions

  1. Glenn v. SavageOregon Supreme Court · 1887
  2. Hart v. HessSupreme Court of Missouri · 1867
  3. Andrus v. FosterSupreme Court of Vermont · 1845
  4. Moulin v. ColumbetCalifornia Supreme Court · 1863
  5. Moore v. FoxNew York Supreme Court · 1813

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. FunkOregon Supreme Court · 1921
  2. Taggart v. HunterOregon Supreme Court · 1915
  3. Hill v. WilsonOregon Supreme Court · 1923
  4. Cadle v. BlackWyoming Supreme Court · 1916

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