Franconi v. Graham
Oregon Supreme Court
From Multnomah: Robeet Gr. Morrow, Judge. Department 2. The complaint upon which this action was tried in the lower court is labeled “second amended complaint,” and contains two counts.
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From Multnomah: Robeet Gr. Morrow, Judge. Department 2. The complaint upon which this action was tried in the lower court is labeled “second amended complaint,” and contains two counts. The first of these alleges that between the first day of November, 1916, and the twentieth day of April, 1916, the plaintiffs, at the special instance and request of the defendants, rendered services to defendants which consisted of cutting and piling 1,481% cords of firewood, and that such services are reasonably worth the sum of $1,259.49; that $621.78 has been paid thereon, leaving a balance due of $637.71…
1Opinion of the Court
BENSON, J. —
1. The first assignment of error challenges the sufficiency of the complaint, upon the theory that since the complaint is based upon quantum meruit, and it appears from both complaint and reply that there was a written contract, the absence of an allegation of rescission renders the pleading fatally *623defective. This contention is not tenable, since the answer pleads the abandonment of the contract by plaintiffs and the reply admits the same and justifies it by pleading the failure of the defendants to measure, receive and pay for the wood in accordance with the terms of the…
2Cases cited7 opinions
- West v. EleyOregon Supreme Court · 1901
- Dyer v. Middle Kittitas Irrigation DistrictWashington Supreme Court · 1901
- Bean v. MillerSupreme Court of Missouri · 1879
- Dobbins v. HigginsIllinois Supreme Court · 1875
- Grand Rapids & Bay City Railroad v. Van DusenMichigan Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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