Miles v. Bowers
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. The Z. O. Miles & Piper Co., a corporation, brought this action to recover the balance due upon an account for goods furnished defendants, H. C. Bowers and A. A. Wright, as partners, in March, 1903, of the alleged value of $4,078.42, on which there had been paid the following amounts: April 6, 1903, $500, April 23, 1903, $500, and November 23, 1903, $1,282.54, leaving due after crediting…
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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Commissioner Slater. The Z. O. Miles & Piper Co., a corporation, brought this action to recover the balance due upon an account for goods furnished defendants, H. C. Bowers and A. A. Wright, as partners, in March, 1903, of the alleged value of $4,078.42, on which there had been paid the following amounts: April 6, 1903, $500, April 23, 1903, $500, and November 23, 1903, $1,282.54, leaving due after crediting $25.88 for goods returned, the sum of $1,770, for which judgment is demanded, with interest from May 1, 1903, to November 23,…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
The ruling on the demurrer and the sufficiency of the findings are brought in question by the errors assigned; but assuming, for the purpose of the opinion, that the affirmative answer states a defense of novation and a release of the defendant Wright — which we do not think it does — and passing over, as unnecessary to determine, the court’s refusal to make additional findings, we are of the opinion that the facts as found will not support the judgment as entered, but that a judgment in favor of plaintiff and against both defendants jointly and severally,…
2Cases cited13 opinions
- Feldman v. McGuireOregon Supreme Court · 1899
- Washburn v. Interstate Investment Co.Oregon Supreme Court · 1894
- Baker v. EglinOregon Supreme Court · 1884
- Kelso v. FlemingIndiana Supreme Court · 1885
- Hayward v. BurkeIllinois Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Home v. SellingOregon Supreme Court · 1919
- Abrahamson v. BrettOregon Supreme Court · 1933
- Reid v. KierOregon Supreme Court · 1944
- Umpqua Valley Bank v. WilsonOregon Supreme Court · 1926
- Clarke-Woodward Drug Co. v. Hot Lake Sanatorium Co.Oregon Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.