Legal Opinion

Williams v. Ingle

Oregon Supreme Court

Decided February 15, 1921PublishedCited by 3 opinions

From Multnomah: John P. Kavanaugh, Judge. Department 1. The substance of the complaint is that on July 2, 1918, the defendant held a lease upon a hotel in Portland and at that time entered into an agreement with the plaintiff to sell to the latter the lease, together with the furniture, fixtures, and equipment of the hotel. The agreement is in writing and by copy is made part of the complaint, the defendant being named* therein as the vendor and the plaintiff as the vendee.

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From Multnomah: John P. Kavanaugh, Judge. Department 1. The substance of the complaint is that on July 2, 1918, the defendant held a lease upon a hotel in Portland and at that time entered into an agreement with the plaintiff to sell to the latter the lease, together with the furniture, fixtures, and equipment of the hotel. The agreement is in writing and by copy is made part of the complaint, the defendant being named* therein as the vendor and the plaintiff as the vendee. It contains this stipulation: “It is further agreed that the said vendor shall have the said mentioned property in a…

1Opinion of the CourtBurnett, C. J.

1. At the trial the defendant objected to receiving any evidence respecting the items of damages claimed, on account of not receiving a detailed statement of the items, sued upon, but his objection was overruled. Section 84, Or. L., reads thus:

“A party may set forth in a pleading the items of an account therein alleged, or file a copy thereof, With the pleading verified by his own oath or that of his agent or attorney, if within the personal knowledge of such agent or attorney, to the effect, that he believes it-to be true. If he do neither, he shall deliver to the adverse party, within five…

2Cases cited2 opinions

  1. Feeney & Bremer Co. v. StoneOregon Supreme Court · 1918
  2. Abilene Natlional Bank v. NodineOregon Supreme Court · 1894

3Cited by3 opinions

  1. Femmer v. City of JuneauCourt of Appeals for the Ninth Circuit · 1938
  2. Harnischfeger Sales Corp. v. Pickering Lumber Co.Court of Appeals for the Eighth Circuit · 1938
  3. Thomas v. HowserOregon Supreme Court · 1972

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