Goldsmith v. Elwert
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit by P. Goldsmith, S. Oppenheimer, and B. Goldsmith, as partners, under the firm name of Goldsmith & Loewenberg, against Mrs. J. B. Elwert and Charles P. Elwert, to foreclose a lien on certain real property in the City of Portland.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit by P. Goldsmith, S. Oppenheimer, and B. Goldsmith, as partners, under the firm name of Goldsmith & Loewenberg, against Mrs. J. B. Elwert and Charles P. Elwert, to foreclose a lien on certain real property in the City of Portland. The facts are that on June 17, 1893, plaintiffs entered into a contract with Mrs. Elwert, by the terms of which they agreed to furnish one No. 23 Boynton hot-water heater, one galvanized iron tank, twenty-seven radiators, and the necessary piping, constructed in such a manner as to secure a free' and continuous…
1Opinion of the CourtChief Justice Moore
1. It is contended by counsel for defendants that the only issue made by the pleadings is as to whether *543the apparatus so furnished by plaintiffs complied with the terms of their guaranty, and that, the court having found that it did not, the suit should have been dismissed, and hence it was error to find that the defendants refused to permit plaintiffs to perform their engagements, or that the work and labor performed and materials furnished were of any reasonable value. The defendant’s answer was in the nature of a plea of avoidance in law, which admitted the execution of the contract, but…
2Cases cited6 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Cooper v. ThomasonOregon Supreme Court · 1896
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
- Thorton v. KrimbellOregon Supreme Court · 1895
- Shirley v. BurchOregon Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Gantenbein v. BowlesOregon Supreme Court · 1922
- McCoy v. Crossfield.Oregon Supreme Court · 1909
- Board of Regents v. HutchinsonOregon Supreme Court · 1905
- Bank of Commerce v. BertrumOregon Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.