Schade v. Muller
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is an action hy Henry Schade, Herman Schade and Hugh Ryan, partners, engaged in the plumbing business as Schade Bros. & Co., against John Muller, to recover money. The facts are that on October 1, 1909, a contract was made by the defendant with C. Alton, who, for the sum of $2,940, undertook to supply all the material and furnish the labor necessary to complete a house for him.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is an action hy Henry Schade, Herman Schade and Hugh Ryan, partners, engaged in the plumbing business as Schade Bros. & Co., against John Muller, to recover money. The facts are that on October 1, 1909, a contract was made by the defendant with C. Alton, who, for the sum of $2,940, undertook to supply all the material and furnish the labor necessary to complete a house for him. Herman Schade, one of the plaintiffs, and P. F. Hall, as sureties, joined Alton in executing to Muller a bond for the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is contended that the copartnership of Schade Bros. & Co., cannot legally enforce against the defendant any claim or demand for labor employed or material used in the construction of his house, because Herman Schade, a member of that firm as one of die sureties on the bond, stipulated to indemnify the defendant against any claim or demand that might be made or asserted against him; and, this being so, an error was committed in rendering the judgment herein. The answer does not aver that Herman Schade became surety on the bond, on account or for the…
2Cases cited7 opinions
- West v. EleyOregon Supreme Court · 1901
- Burnett v. GlasCalifornia Supreme Court · 1908
- State v. HornerOregon Supreme Court · 1900
- Hand Manufacturing Co. v. MarksOregon Supreme Court · 1900
- Elder v. RourkeOregon Supreme Court · 1895
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3Cited by15 opinions
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- Sanford v. PikeOregon Supreme Court · 1918
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