Kesterson v. La Moine Lumber & Trading Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. Action by the La Moine Lumber & Trading Company against H. G. Kesterson and another. Judgment for plaintiff, and defendants bring error.
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In Error to the Circuit Court of the United States for the District of Oregon. Action by the La Moine Lumber & Trading Company against H. G. Kesterson and another. Judgment for plaintiff, and defendants bring error. The defendant in error is a California corporation, and the assignee of another California corporation styled Griffin & Skelley Company of all of the rights of the latter corporation growing out of a certain written contract made on the 13th day of November, 1905, between it and the plaintiff's in error, who are residents and citizens of the state of Oregon and manufacturers of…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above).
[1] The original complaint contained no allegation of performance of the contract in question by the plaintiff, but on the trial the latter was permitted to amend the' complaint by making that allegation. That action of the court constitutes one of the “three principal questions” stated by the plaintiffs in error to be involved on this writ of error. The granting of such an' application rests in the sound discretion of the court, and, even should it be conceded that- the failure of the plaintiff to make the allegation in the original complaint was not cured…
2Cited by3 opinions
- Yangming Marine Transport Corp. v. Revon Products U.S.A., Inc.Court of Appeals of Maryland · 1988
- Kempner v. Goddard Grocer Co.Court of Appeals for the Eighth Circuit · 1925
- Gould & Curry Mining Co. v. DouglassCourt of Appeals for the Ninth Circuit · 1921