Duzan v. Meserve
Oregon Supreme Court
Columbia County; Thomas A. McBride, Judge. Tbis is an action by L. D. Duzan to recover the sum of five hundred dollars from Lincoln Meserve and others, alleged to be due on the sale of their right, title, and interest in and to certain mill machinery which was then in their possession under a contract of sale with J. M. Arthur & Co. of Portland, Oregon. The cause was tried upon the issues joined by the pleadings, and resulted in a verdict and judgment for the plaintiffs.
1Opinion of the CourtChief Justice Lord
1. The first ground of error relied upon is the insufficiency of the facts stated to constitute a cause of action. The complaint alleges in substance, that on the ninth day of November, 1890, the plaintiffs, as partners, sold and delivered to the defendants, as partners, their right, title, and interest in and to certain personal property (describing it), and also the right to use certain buildings, etc., for the agreed consideration of two thousand dollars; that in pursuance of such contract and sale the defendants took possession of said property, and agreed and promised to pay therefor the…
2Cited by2 opinions
- Printing Industry v. BanksOregon Supreme Court · 1935
- Harmon v. FoxMontana Supreme Court · 1904