Davis Lumber Co. v. Coats Lumber Co.
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. Department 2. Statement by Mr. Justice Burnett. After stating tbe corporate cbaracter of tbe parties the complaint avers that the plaintiff and defendant entered into a contract, a copy of which is attached to the complaint, whereby the former agreed to purchase from the latter who promised to deliver to the former a certain amount of spruce lumber within ninety days from-the date of the order at a fixed price mentioned.
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From Tillamook: George E. Bagley, Judge. Department 2. Statement by Mr. Justice Burnett. After stating tbe corporate cbaracter of tbe parties the complaint avers that the plaintiff and defendant entered into a contract, a copy of which is attached to the complaint, whereby the former agreed to purchase from the latter who promised to deliver to the former a certain amount of spruce lumber within ninety days from-the date of the order at a fixed price mentioned. All this is admitted by the answer. Further proceeding, the plaintiff charges an utter refusal and neglect on the part of the…
1Opinion of the CourtJustice Burnett
1. There is no bill of exceptions in the record. The contention of the plaintiff is that the judgment is void because there were no findings of fact or conclusions of law. It is true that Section 158, L. O. L., requires that:
“Upon the trial of an issue of fact by the court, its decision shall be given in writing, and filed with the clerk during the term or within twenty days thereafter. The decision shall state the facts found, and the conclusions of law separately, without argument or reason therefor. * * ”
The section is applicable to a trial of an issue of fact and not where a mere issue of…
2Cases cited8 opinions
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Catlin v. JonesOregon Supreme Court · 1906
- Wyatt v. HendersonOregon Supreme Court · 1897
- Longfellow v. HuffmanOregon Supreme Court · 1907
- Whitney Co. v. SmithOregon Supreme Court · 1912
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3Cited by5 opinions
- Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
- Buckman v. Hill Military AcademyOregon Supreme Court · 1948
- Oxley v. Linnton Plywood Ass'nOregon Supreme Court · 1955
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- Owen v. LeberOregon Supreme Court · 1924