Seaside, City of v. Randles
Oregon Supreme Court
From Clatsop: James A. Bakin, Judge. In Banc. This is an action to recover damages for the failure of defendant Bandies to construct a sewer in the City of Seaside in accordance with his contract, and the plans and specifications. The defendant Bandies’ surety, the Aetna Accident & Liability Company, hereinafter referred to as surety, is also made a party defendant.' The cause was tried by the court and a jury and.a verdict rendered in favor of plaintiff.
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From Clatsop: James A. Bakin, Judge. In Banc. This is an action to recover damages for the failure of defendant Bandies to construct a sewer in the City of Seaside in accordance with his contract, and the plans and specifications. The defendant Bandies’ surety, the Aetna Accident & Liability Company, hereinafter referred to as surety, is also made a party defendant.' The cause was tried by the court and a jury and.a verdict rendered in favor of plaintiff. From a consequent judgment defendants appeal. On July 7, 1914, plaintiff and defendant Randles entered into a written contract whereby…
1Opinion of the CourtBean, J.
Defendants’ first contention is that the complaint fails to state facts sufficient to constitute a cause of action against either of the defendants. Under this division of argument, defendants also submit two assignments of error: Number XLIY. That the court erred in giving to the jury, over the objection and exception of defendants, instruction, to wit:
“If you find for the plaintiff in the particulars complained of, as I have heretofore instructed you, then it will be your duty to determine the fair and reasonable amount it will cost the plaintiff to repair the sewer in the particulars…
2Cases cited29 opinions
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
- Gulick v. ConnelyIndiana Supreme Court · 1873
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3Cited by16 opinions
- Cantrell v. Woodhill Enterprises, Inc.Supreme Court of North Carolina · 1968
- Christofferson v. CHURCH OF SCIENTOLOGY, ETC.Court of Appeals of Oregon · 1982
- Spokane County v. Pacific Bridge Co.Oregon Supreme Court · 1923
- SALEM REALTY COMPANY v. BatsonSupreme Court of North Carolina · 1962
- Soderhamn MacHine Manufacturing Company, a Corporation v. The Martin Bros. Container & Timber Products Corp., a CorporationCourt of Appeals for the Ninth Circuit · 1969
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