Meadow Valley Land Co. v. Manerud
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. In Banc. Statement Per Curiam. This is an action by tbe Meadow Valley Land & Investment Company, a corporation, against Mrs. Olivia Manernd to recover tbe amount of a promissory note given by tbe defendant to the plaintiff March 20, 1911, for $1,000, payable in one day, with interest at 8 per cent per annum, and providing for tbe recovery of a reasonable sum as attorneys’ fees in case action were instituted on tbe note.
Read the full summary
From Lane: George F. Skipworth, Judge. In Banc. Statement Per Curiam. This is an action by tbe Meadow Valley Land & Investment Company, a corporation, against Mrs. Olivia Manernd to recover tbe amount of a promissory note given by tbe defendant to the plaintiff March 20, 1911, for $1,000, payable in one day, with interest at 8 per cent per annum, and providing for tbe recovery of a reasonable sum as attorneys’ fees in case action were instituted on tbe note. The complaint avers that tbe plaintiff is a corporation; that tbe defendant executed to it tbe promissory note; that no part thereof has…
1Opinion of the Court
Opinion
2Per curiam
1, 2. It is maintained by plaintiff’s counsel that the part of the answer alleging the injury to and the death of the defendant’s horse is an attempt to interpose a defense sounding in tort to an action founded upon a contract, and for that reason the facts thus set forth do not constitute a counterclaim within the meaning of that term as defined by statute: Section 74, L. O. L. The lease of the horse arose out of a contract, and though the facts stated in the answer relating thereto are not well averred, this part of the defense fairly constitutes a counterclaim; and, invoking Section…
3Cited by6 opinions
- Pioneer Constructors v. SymesArizona Supreme Court · 1954
- Hackett Digger Co. v. CarlsonOregon Supreme Court · 1928
- Bongiovanni v. FickettCalifornia Court of Appeal · 1932
- Independent Iron Works, Inc. v. County of TulareCalifornia Court of Appeal · 1962
- Planning Partners International, LLC v. Qed, Inc.Colorado Court of Appeals · 2011
1 more not listed; retrieve them via the Exa API.