Legal Opinion

Metzler Lumber Co. v. Farmers' Mercantile Co.

Oregon Supreme Court

Decided November 30, 1915PublishedCited by 1 opinion

From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the Metzler-Hegsted Lumber Company, a corporation, against the Farmers’ Union Warehouse & Mercantile Company, a corporation.

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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the Metzler-Hegsted Lumber Company, a corporation, against the Farmers’ Union Warehouse & Mercantile Company, a corporation. The plaintiff declares in substance that between July 1,1910, and January 1, 1911, it sold and delivered lumber and building material of the reasonable value of $2,997.82 to the defendant, which amount the latter promised to pay to the plaintiff, and that no part of the same has been paid, except certain sums, leaving a balance due of $1,449.59. Every allegation of the complaint…

1Opinion of the CourtJustice Burnett

1. As a preliminary question it becomes necessary to dispose of the plaintiff’s motion to dismiss the appeal. That result is demanded because the undertaking does not state to whom the appellant will pay any amount adjudged to be due upon it. The only authority noted for that contention is Johnston v. Letson, 3 Ariz. 844 (29 Pac. 893), cited in 39 Cyc. 678. That case was decided under a statute wMch expressly re*554quired the undertaking to be given to the respondent. Our Code (Section 551, L. O. L.), says:

“The undertaking of the appellant shall be given with one or more sureties to the effect…

2Cases cited4 opinions

  1. West v. EleyOregon Supreme Court · 1901
  2. Schade v. MullerOregon Supreme Court · 1915
  3. Elder v. RourkeOregon Supreme Court · 1895
  4. Johnston v. LetsonArizona Supreme Court · 1892

3Cited by1 opinion

  1. Jensen v. Nationwide Mutual InsuranceSupreme Court of Connecticut · 1960

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