Burnett v. Marrs
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by B. K. Burnett against J. D. Marrs, R. C. Kingery and F. S. Reese, doing business as Grand Electric Company.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by B. K. Burnett against J. D. Marrs, R. C. Kingery and F. S. Reese, doing business as Grand Electric Company. The complaint alleges, in substance, that on June 5, 1910, the defendants, as partners under the name of Grand Electric Company, entered into an agreement in writing with the C. E. McKenna Company, a corporation organized under the laws of the State of Washington and authorized to transact business in Oregon, of which the following is a copy: “We hereby authorize you to insert our advertisement…
1Opinion of the CourtJustice Bean
1. Defendants, upon this appeal, assign as error that the court erred in rendering judgment for plaintiff, for the reason that plaintiff failed to prove that the contract *601set up was executed for the C. E. McKenna Company by any one who had authority to bind the company. The allegation in the complaint as to the execution of the contract is contained in paragraph 3 thereof, which paragraph is admitted by defendants in their answer. Therefore there was no issue as to the execution of the contract. Defendants also set forth the execution of the agreement in writing, and for a second assignment…
2Cases cited6 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- O'Hara v. ParkerOregon Supreme Court · 1895
- Hoover v. KingOregon Supreme Court · 1903
- Pruitt v. MuldrickOregon Supreme Court · 1901
- Waggy v. ScottOregon Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stillwell v. HillOregon Supreme Court · 1917
- Crow v. AbrahamOregon Supreme Court · 1917
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- Hunter v. RoseburgOregon Supreme Court · 1916
- Spence v. HullOregon Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.