Legal Opinion

Gabrielson v. Hague Box & Lumber Co.

Washington Supreme Court

Decided October 26, 1909No. 8142PublishedCited by 12 opinions

Appeal from a judgment of the superior court for Pierce county, Shackleford, J., entered March 15, 1909, upon the verdict of a jury rendered in favor of the plaintiff, in an action on contract.

1Opinion of the CourtChadwick, J.

This action in its original form was an action upon a quantum meruit, to recover a balance of $965.14 alleged to be due for work and labor performed at the special instance and request of defendant. The complaint was thereafter amended, setting up an express contract, its breach, and damages in the sum of $3,942.85; and a second cause of action upon a quantum meruit, being the cause of action first assigned, except that a balance of $1,-385.14 was claimed to be due. This complaint was stricken by the court, and plaintiff thereupon filed a second amended complaint, alleging that plaintiff and…

2Cases cited4 opinions

  1. Noyes v. PuginWashington Supreme Court · 1891
  2. Chase v. SmithWashington Supreme Court · 1904
  3. Simons v. CissnaWashington Supreme Court · 1909
  4. Muzzy v. LedlieWisconsin Supreme Court · 1868

3Cited by12 opinions

  1. Coleman v. St. Paul & Tacoma Lumber Co.Washington Supreme Court · 1920
  2. Mutual Loan Soc., Inc. v. StoweAlabama Court of Appeals · 1916
  3. Clark v. Dulien Steel Products, Inc.California Court of Appeal · 1942
  4. Staples v. EsaryWashington Supreme Court · 1924
  5. New York Life Insurance Co. v. NewportWashington Supreme Court · 1939

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