Wicks v. Sanborn
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statenaent by Mr. Justice Moore. This is an action to recover money. The complaint states in effect that the plaintiff, John E. Wicks, is an architect, who, on December 1, 1911, at the special instance and request of the defendant, Frank H. San-born, prepared for him plans and specifications for a proposed dwelling-house, which sketch and detailed statement were delivered to him; that the reasonable value of the work and services so…
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From Clatsop: James A. Eakin, Judge. Statenaent by Mr. Justice Moore. This is an action to recover money. The complaint states in effect that the plaintiff, John E. Wicks, is an architect, who, on December 1, 1911, at the special instance and request of the defendant, Frank H. San-born, prepared for him plans and specifications for a proposed dwelling-house, which sketch and detailed statement were delivered to him; that the reasonable value of the work and services so performed and rendered is $90; that though demand had been made upon defendant for that sum, he had neglected and refused to…
1Opinion of the CourtJustice Moore
1. It is maintained that if the testimony given by the plaintiff did not substantiate a cause sufficient to be submitted to the jury, the proper procedure under the facts hereinbefore outlined was a judgment of nonsuit; and, this being so, an error was committed in directing the jury to return a verdict for the defendant, to which action of the court an exception was taken. A judgment of nonsuit may be rendered on motion of the defendant, when upon the trial the plaintiff fails to prove a cause sufficient to be submitted to the jury: Section 182, L. O. L. An action is dismissed when a nonsuit…
2Cases cited2 opinions
- Huber v. MillerOregon Supreme Court · 1902
- Brown v. LewisOregon Supreme Court · 1907
3Cited by4 opinions
- Estate of SharonCalifornia Supreme Court · 1918
- Gerber v. Multnomah CountyOregon Supreme Court · 1933
- Wicks v. SanbornOregon Supreme Court · 1916
- Hanna v. Alluvial Farm Co.Oregon Supreme Court · 1915