Benicia Agricultural Works v. Creighton & Quivey
Oregon Supreme Court
Defendants appeal. The substance of the amended complaint is as follows: “ That between the twenty-fifth day of June, 1887, and the thirtieth day of September, 1889, the plaintiff sold and delivered to the defendants at their request, certain goods, wares and merchandise, on account of which the following are the debit items of said account, to-wit: 1887. June 25. 2 Benicia mowers @ $57.50 — $115 00 Sept. 14. 1 No. 101 wagon- 100 00 Orating- 3 00 1888. Feb. 20. 2 Benicia…
Read the full summary
Defendants appeal. The substance of the amended complaint is as follows: “ That between the twenty-fifth day of June, 1887, and the thirtieth day of September, 1889, the plaintiff sold and delivered to the defendants at their request, certain goods, wares and merchandise, on account of which the following are the debit items of said account, to-wit: 1887. June 25. 2 Benicia mowers @ $57.50 — $115 00 Sept. 14. 1 No. 101 wagon- 100 00 Orating- 3 00 1888. Feb. 20. 2 Benicia mowers @ $55.00_ 110 00 Mar. 31. 2 No. Í01 wagons @ $100.00— 200 00 July 14. Crating- 6 00 July 14. 2 No. 101 wagons @…
1Opinion of the CourtStrahaN, C. J.
The notice of appeal contains numerous assignments of error upon which the appellants intended to rely upon this appeal, but the condition of this record renders a particular examination of them unnecessary.
The plea of a full settlement and payment of the amount found due the plaintiff upon such settlement is not denied by the reply, and must therefore, for the purposes of this action, be taken as true. (Adams v. Tuley, Ind. 27 N. E. Rep. 991; Babcock v. Farmers' and Drovers' Bank, 46 Kan. 548.) Section 72, Hill’s Code, defines what the answer of the defendant shall contain. Subdivision 1 of…
2Cases cited1 opinion
- Babcock v. Farmers' & Drovers' BankSupreme Court of Kansas · 1891
3Cited by10 opinions
- Wyatt v. HendersonOregon Supreme Court · 1897
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- Sherrard v. WerlineOregon Supreme Court · 1939
- Clark v. WickOregon Supreme Court · 1894
- Duff v. Willamette Steel WorksOregon Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.