Miller Lum. Co. v. Davis
Oregon Supreme Court
From Deschutes: T. E. J. Duffy, Judge. In Banc. This is an action to recover money. Plaintiff, a corporation, alleges in its complaint that between .September 1, 1916, and November 1, 1916, it sold to the defendant goods, wares and merchandise “consisting- principally of lumber and building materials at the agreed and stipulated’ value of $145.04,” and that this sum is due to the plaintiff, together with interest at the rate of 6 per cent per annum from November 1, 1916. The…
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From Deschutes: T. E. J. Duffy, Judge. In Banc. This is an action to recover money. Plaintiff, a corporation, alleges in its complaint that between .September 1, 1916, and November 1, 1916, it sold to the defendant goods, wares and merchandise “consisting- principally of lumber and building materials at the agreed and stipulated’ value of $145.04,” and that this sum is due to the plaintiff, together with interest at the rate of 6 per cent per annum from November 1, 1916. The answer admits the corporate character of the plaintiff and denies the remaining allegations of the complaint. The jury…
1Opinion of the CourtHarris, J.
1. The defendant contends that the court invaded the province of the jury by stating that “proof would not be required to be very extensive.” This language was used by the court in the course of the examination of the first witness for the plaintiff and after the witness had been asked but six questions. The witness, who was the president of the plaintiff corporation, testified that .the company sold the building materials to the defendant in September or October, 1916; and he was then asked to “state what the circumstance of that sale was and how it came about.” The attorney for the…
2Cases cited2 opinions
- Olson v. HeisenOregon Supreme Court · 1918
- Stabler v. MelvinOregon Supreme Court · 1918
3Cited by10 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Levine v. LevineOregon Supreme Court · 1920
- Carty v. McMenamin & WardOregon Supreme Court · 1923
- Best v. TavennerOregon Supreme Court · 1950
- Smyth v. Kenwood Land Co.Oregon Supreme Court · 1920
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