Edwards v. Mt. Hood Const. Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice McBride. This is an action by Mary A. Edwards against the Mt. Hood Construction Co. for money had and received.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice McBride. This is an action by Mary A. Edwards against the Mt. Hood Construction Co. for money had and received. The complaint alleges substantially that the defendant is a corporation engaged in the construction of a railroad, that at certain dates mentioned in the complaint plaintiff, at the request of defendant, furnished 355 meals at 25 cents per meal to divers laborers employed by defendant in construction work on the railroad, and that later she furnished 2,011 meals to laborers so employed by defendant, the total…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The first question to be considered is whether or not there was any testimony to go to the jury upon the case made by plaintiff. We think there was. Plaintiff through Packer assumed to see Mrs. Edwards paid. To do this it instructed White to deduct from the wages of the laborers, which it had assumed to pay, the sums due from them to Mrs. Edwards. Had it refused absolutely to. apply these sums upon the laborers’ board bills due Mrs. Edwards, they would have had a lien upon the road for the wages so deducted and unpaid, so that it was virtually compelled…
2Cited by11 opinions
- State v. MainsOregon Supreme Court · 1983
- State v. FolkesOregon Supreme Court · 1944
- Rickard v. EllisOregon Supreme Court · 1962
- Smith v. RubelOregon Supreme Court · 1932
- Rigelman v. GilliganOregon Supreme Court · 1973
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