Manary v. Runyon
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Action by James Manary against Charles E. Runyon. The complaint setting forth plaintiff’s cause of action, tersely stated, is as follows : That on April 5, 1902, at Portland, Oregon, the defendant promised and agreed with the plaintiff that if plaintiff would not then revoke, but keep open, a certain written offer made by him to the Beaver Flume & Lumber Company, a corporation of which the defendant was president, to enter into a…
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From Multnomah: Arthur L. Frazer, Judge. Action by James Manary against Charles E. Runyon. The complaint setting forth plaintiff’s cause of action, tersely stated, is as follows : That on April 5, 1902, at Portland, Oregon, the defendant promised and agreed with the plaintiff that if plaintiff would not then revoke, but keep open, a certain written offer made by him to the Beaver Flume & Lumber Company, a corporation of which the defendant was president, to enter into a certain contract of purchase with said company, and meet the defendant at Portland, Oregon, after returning to his home in…
1Opinion of the CourtJustice Wolverton
*4981. The primary contention of defendant, now made for the first time, is that the complaint does not state facts sufficient to constitute a cause of action. It seems to be the theory of counsel that it is based upon a promise to páy the debt previously incurred by a third person, and that there is no new consideration to support it. Manifestly, however, such is not the nature of the action. Its purpose is to require the defendant to reimburse the plaintiff for expenses and attorney’s fees incurred in the negotiations alluded to, which it is alleged the defendant promised to do in the event the…
2Cases cited1 opinion
- Nelson v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1886
3Cited by7 opinions
- Loveland v. PlantOregon Supreme Court · 1930
- Wesley v. WoodsCourt of Appeals of Oregon · 1979
- Erb v. ShopeOregon Supreme Court · 1932
- State Ex Rel. Swalko v. ElliottOregon Supreme Court · 1925
- Broyles v. Estate of BrownOregon Supreme Court · 1983
2 more not listed; retrieve them via the Exa API.