Tribou & McPhee v. Strowbridge
Oregon Supreme Court
Appeal from Multnomah County. This was an action to recover four thousand one hundred dollars upon a contract to perform the carpenter’s work and furnish the materials therefor, upon a certain building. The appellant deemed that the work was completed according to the terms of the contract, and alleged failures on respondent’s part to his damage, etc.
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Appeal from Multnomah County. This was an action to recover four thousand one hundred dollars upon a contract to perform the carpenter’s work and furnish the materials therefor, upon a certain building. The appellant deemed that the work was completed according to the terms of the contract, and alleged failures on respondent’s part to his damage, etc. It is admitted that there we departures from the contract specifications, but it is claime that these were assented to by the architect, and that the work was done to his satisfaction. The contract provided that the work was to be completed to…
1Opinion of the Court
By the Court,
Boise, J.:
The first question to be considered is, had the circuit court the authority to refer the issues in this case to a referee, without the consent of the appellant? From the record it appears that after the referee was appointed the appellant moved to have the trial of the issues withdrawn from the referee. The counsel for the appellant now insists that the circuit court had no authority to refer this case to a referee, it being an action at law; that although the trial of the case would involve the examination of long accounts between the parties, the question whether the…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Lee v. TillotsonNew York Supreme Court · 1840
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
3Cited by39 opinions
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- State v. 1920 Studebaker Touring CarOregon Supreme Court · 1926
- Molodyh v. Truck Insurance ExchangeOregon Supreme Court · 1987
- Raymond v. FlavelOregon Supreme Court · 1895
- Ward v. TOWN TAVERNOregon Supreme Court · 1951
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