Elder v. Rourke
Oregon Supreme Court
Appeal from Umatilla: Morton D. Clifford, Judge. This is an action by S. B. Elder against T. F. Rourke to recover nine hundred and eighty-six dollars and twenty-five cents, alleged to be due the plaintiff from the defendant for cutting and harvesting grain.
Read the full summary
Appeal from Umatilla: Morton D. Clifford, Judge. This is an action by S. B. Elder against T. F. Rourke to recover nine hundred and eighty-six dollars and twenty-five cents, alleged to be due the plaintiff from the defendant for cutting and harvesting grain. The complaint alleges, in substance, that between August first and October first, eighteen hundred and ninety-three, the plaintiff performed work and labor for defendant, at his special instance and request, in cutting, heading, and harvesting the wheat then growing on nine hundred and sixty-five acres of land, at the agreed and stipulated…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The first, second, and third assignments of error relate to the ruling of the trial court in permitting plaintiff to testify that the work performed by him was rea*365sonably worth one dollar and twenty-five cents per acre. This evidence was within the issues made by the pleadings; but if it had not been, its admission, if error, was harmless. There was no dispute as to what plaintiff was to receive for his work, but, as a matter of fact, it was admitted all through the trial that he was to have the agreed and stipulated price of one dollar and twenty-five…
2Cases cited2 opinions
- Smith v. . HolmesNew York Court of Appeals · 1859
- Hagan v. BurchSupreme Court of Iowa · 1859
3Cited by12 opinions
- American Bonding & Trust Co. v. Gibson CountyCourt of Appeals for the Sixth Circuit · 1906
- Benson v. BirchOregon Supreme Court · 1932
- Schade v. MullerOregon Supreme Court · 1915
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- McDonald v. SuppleOregon Supreme Court · 1920
7 more not listed; retrieve them via the Exa API.