Johnson v. Prineville
Oregon Supreme Court
From Crook: James U. Campbell, Judge. Department 2. The plaintiffs sne to set aside an engineer’s award on a contract made between them and the City of Prineville for the construction of a railroad grade from that city to a junction with certain main line railways.
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From Crook: James U. Campbell, Judge. Department 2. The plaintiffs sne to set aside an engineer’s award on a contract made between them and the City of Prineville for the construction of a railroad grade from that city to a junction with certain main line railways. The contract opens with this clause: “This agreement, made and entered into this 30th day of March, A. D. 1917, between City of Prineville, Crook County, Oregon, by its city council, party of the first part, and E. T. Johnson and IT. M. Johnson, 305 Commercial Building, of Portland, Oregon, parties of the second part, witnesseth.”…
1Opinion of the CourtBurnett, C. J.
1. It is argued in the defendant’s brief that—
“A complaint on a contract, which sets out the contract in full but fails to allege plaintiffs’ performance of its conditions, does not state a cause of suit or action, and this objection may be raised for the first time in the appellate court.”
This is sound in principle, but it is not applicable to the pleadings, for we find the allegation already quoted from the complaint, that the work was done by the plaintiffs in accordance with the terms of the contract.
It is contended that the complaint shows that an engineer, Mr. Huson, was selected by the…
2Cases cited13 opinions
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Shook v. ColohanOregon Supreme Court · 1885
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- Crumbley v. CrumbleyOregon Supreme Court · 1920
- Hale v. City Cab, Carriage & Transfer Co.Washington Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- Halvorson v. Blue Mountain Prune Growers CooperativeOregon Supreme Court · 1950
- Hindman v. United StatesOregon Supreme Court · 1950
- West v. Coos CountyOregon Supreme Court · 1925
12 more not listed; retrieve them via the Exa API.