Camp & DuPuy v. Lauterman
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Benson. This is an action by Camp & DuPuy, a corporation, against J. H. Lauterman to recover money. The complaint alleges, in substance, that plaintiff and defendant on October 4, 1912, entered into a written agreement which is set out in full as Exhibit A, atta'ched to the complaint, and made a part thereof.
Read the full summary
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Benson. This is an action by Camp & DuPuy, a corporation, against J. H. Lauterman to recover money. The complaint alleges, in substance, that plaintiff and defendant on October 4, 1912, entered into a written agreement which is set out in full as Exhibit A, atta'ched to the complaint, and made a part thereof. The substance of this contract, so far as it is material here, is that plaintiff was to provide all the materials and perform all the work for the full completion of a residence for defendant. As compensation therefor, it was…
1Opinion of the CourtJustice Benson
1. There are, several assignments of error, but we deem it necessary to consider only the question as to whether or not the court erred in denying the motion for nonsuit. Plaintiff contends that the question of nonsuit is not before this court by reason of the fact that not all the • testimony of plaintiff is included in the bill of exceptions. The entire testimony, however, is attached to and made a part of the bill of exceptions, and since the amendment of the Constitution (Article VII, Section 3), this is sufficient to bring the matter fully before us.
2, 3. It is manifest that there is but…
2Cases cited1 opinion
- First National Bank v. City of ElginAppellate Court of Illinois · 1907
3Cited by5 opinions
- Mathis v. Thunderbird Village, Inc.Oregon Supreme Court · 1964
- Secretary of State v. Hanover InsuranceOregon Supreme Court · 1966
- Greis v. Fidelity & Casualty Co.District Court, N.D. Oklahoma · 1937
- Bissinger & Co. v. Massachusetts Bonding & Ins.Oregon Supreme Court · 1917
- Turner v. JacksonOregon Supreme Court · 1931