Roberts v. Carland
Oregon Supreme Court
Error to Douglas. This action in the court below was brought by Daniel Garland against Jesse Roberts, to recover damages for the breach of a contract to manufacture and deliver flour. The plaintiff, in his original complaint, asked damages in the sum of four hundred dollars, and interest; and in his amended complaint, claimed damages in the sum, of eight hundred and five dollars.
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Error to Douglas. This action in the court below was brought by Daniel Garland against Jesse Roberts, to recover damages for the breach of a contract to manufacture and deliver flour. The plaintiff, in his original complaint, asked damages in the sum of four hundred dollars, and interest; and in his amended complaint, claimed damages in the sum, of eight hundred and five dollars. The defendant admitted the detention of three thousand pounds of flour, manufactured from the wheat of the plaintiff. Verdict was rendered for the plaintiff for $22 75, and judgment was rendered for this amount, with…
1Opinion of the CourtWait, C. J.
The only point assigned as error, for the reversal of the judgment, of the court below, is, “ that the said judgment awards the costs and expenses to the plaintiff, when it should have awarded them to the defendant.” Our statute provides, (chap. 8, sec. 2,) that costs shall be allowed, of course, to the plaintiff, “in an action for the recovery of money or damages, when the plaintiff shall recover fifty dollars or more.” Section four of the same act provides, “ that costs shall be allowed, of course, to the defendant, in the-actions mentioned in the second section, unless the plaintiff be…
2Cases cited2 opinions
- Barnard v. CurtisMassachusetts Supreme Judicial Court · 1812
- Odell v. CulbertSupreme Court of Pennsylvania · 1845