Wollenberg v. Sykes
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner King. This is an «action by Alfred Wollenberg against S. K. Sykes on an undertaking executed by J. W. Knapp, as principal, and defendant Sykes, as surety.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Commissioner King. This is an «action by Alfred Wollenberg against S. K. Sykes on an undertaking executed by J. W. Knapp, as principal, and defendant Sykes, as surety. The undertaking was given to secure the faithful performance of a builder’s contract previously entered into between Knapp and Wollenberg, wherein it was stipulated that Knapp should construct a residence for plaintiff within a time and for a price specified, to be constructed in accordance with certain plans and specifications furnished by plaintiff’s architect. The…
1Opinion of the Court
Opinion by
Mr. Commissioner King.
The instrument upon which this action is brought, strictly speaking, is what is termed an “undertaking.” It is a simplified bond without a seal: 29 Am. & Eng. Enc. Law (2 ed.), 98; Scherer v. Hopkins, 42 N. Y. St. Rep. 189 (16 N. Y. Supp. 863). The question as to the effect of it being an unsealed instrument is not urged here, and, under the issues involved, is not material, except in so far as it majr explain the effect of certain testimony given at the trial. The jury found from the evidence, under the law as given them by the court, that Gingrich was…
2Cases cited6 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Connell v. McLoughlinOregon Supreme Court · 1895
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Baker County v. HuntingtonOregon Supreme Court · 1905
- Pennoyer v. WillisOregon Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baker v. SeaweardOregon Supreme Court · 1912
- Held v. Puget Sound & Alaska Powder Co.Oregon Supreme Court · 1931
- First National Bank of Portland v. NobleOregon Supreme Court · 1946