Murphy v. Oregon Engraving Co.
Oregon Supreme Court
From Multnomah: William N. Gate ns, Judge. Department 1. After stating the corporate character of the defendant, the complaint alleges: “That on or about the ninth day of January, 1918, an account was stated by and between said Oregon Engraving Company aforesaid, acting by and through its duly authorized president, Roy E. Robinson, wherein and whereby it was determined and stated that there was due and owing one George E. Matthews the sum of $440.75, this sum being due and…
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From Multnomah: William N. Gate ns, Judge. Department 1. After stating the corporate character of the defendant, the complaint alleges: “That on or about the ninth day of January, 1918, an account was stated by and between said Oregon Engraving Company aforesaid, acting by and through its duly authorized president, Roy E. Robinson, wherein and whereby it was determined and stated that there was due and owing one George E. Matthews the sum of $440.75, this sum being due and owing said Matthews for labor and services performed while acting as manager of said Oregon Engraving Company aforesaid…
1Opinion of the CourtBurnett, J.
It will be noted that the complaint does not show that Matthews had anything to do with the stating of the account. Neither does it show that any previous relation giving rise to debits' or credits existed between him and the defendant. Strictly speaking, it does not show that the labor and services mentioned were performed by him or for the defendant. It is not averred in the complaint by whom the balance of the account was transferred to the plaintiff. No effort was made, so far as disclosed by the record, to correct the complaint in these particulars.
1, 2. The important error, however, is…
2Cited by6 opinions
- Edwards, Guardian v. HoevetOregon Supreme Court · 1948
- Bandy v. Norris, Beggs & SimpsonOregon Supreme Court · 1960
- Hutson v. RankinIdaho Supreme Court · 1922
- Siepka v. BogulskiNew York Supreme Court · 1937
- Remington v. WrenOregon Supreme Court · 1977
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