Belknap v. Whitmire
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. This is an action by V. C. Belknap against Thomas and Frances Whitmire to recover for professional services alleged to have been rendered by plaintiff, and for goods, wares, and merchandise alleged to have been sold and delivered by his assignors, to defendants and their mother.
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From Grant: Morton D. Clifford, Judge. This is an action by V. C. Belknap against Thomas and Frances Whitmire to recover for professional services alleged to have been rendered by plaintiff, and for goods, wares, and merchandise alleged to have been sold and delivered by his assignors, to defendants and their mother. The facts, as appear from the complaint, are that the defendants are brother and sister, the latter a minor of the age of seventeen years; that their father died in July, 1890 ; that thereafter, until the death of the mother, in March, 1901, she and the defendants continued to…
1Opinion of the CourtJustice Bean
1. Although the complaint alleges that the professional services rendered by the plaintiff, and the goods, wares, and merchandise furnished by his assignors, were necessaries suitable to the station and condition in life of the defendants and their mother, the action cannot be regarded as one brought for necessaries furnished to and upon the contract of a minor. If they are liable on such a contract, they must be sued separately for the value of the necessaries furnished to each, instead of which the action is brought against them jointly to recover for services rendered, and goods, wares,…
2Cases cited9 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Condon v. Pomroy-GraceSupreme Court of Connecticut · 1901
- Dawson v. DawsonSupreme Court of Iowa · 1861
- Hirshfeld v. WeillCalifornia Supreme Court · 1898
- Nine v. StarrOregon Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Matter of Marriage of Haxton and HaxtonOregon Supreme Court · 1985
- Columbia River Co. v. SmithOregon Supreme Court · 1917
- Multnomah County v. FalingOregon Supreme Court · 1907
- Bismarck Hospital v. HarrisNorth Dakota Supreme Court · 1938