Duncan Lumber Co. v. Willapa Lumber Co.
Oregon Supreme Court
From Multnomah: Calvin TJ. Gantenbbin, Judge. Department 1. This is an action in which plaintiff seeks to recover damages for the breach of a contract.
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From Multnomah: Calvin TJ. Gantenbbin, Judge. Department 1. This is an action in which plaintiff seeks to recover damages for the breach of a contract. The substance of the complaint is, that the parties entered into a contract dated March 22, 1917, whereby defendant agreed to manufacture and' sell to plaintiff certain spruce lumber, at an agreed price of $42 per thousand feet, f. o. b., Chicago; that defendant was to pay the freight and pay plaintiff a commission of 5 per cent, and that the delivery was to be completed not later than May 30,1917. It is then alleged that defendant failed and…
1Opinion of the CourtBenson, J.
1. A considerable number of the assignments of error are based upon the contention that the court never acquired jurisdiction of the person of *391the defendant, and all of these may be considered together. At the outset it must be observed that the defendant has filed an answer upon tFe merits, which, according to a long line of decisions of this court, constitutes a voluntary appearance and a waiver of any defect in the service of summons. Among these are: Rogue River Mining Co. v. Walker, 1 Or. 341; Harker v. Fahie, 2 Or. 89; White v. North West Stage Co., 5 Or. 99, 102; Kinkade v. Myers, 17…
2Cases cited10 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Belknap v. CharltonOregon Supreme Court · 1893
- Fildew v. MilnerOregon Supreme Court · 1910
- Felts v. BoyerOregon Supreme Court · 1914
- Sund & Co. v. Flagg & Standifer Co.Oregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- TURNER, ADM'R v. McCreadyOregon Supreme Court · 1950
- Coker v. RicheyOregon Supreme Court · 1921
- Anderson v. GuentherOregon Supreme Court · 1933
- Reynolds Metals Company, and Cross-Appellees v. Julius Lampert and Evelyn Lampert, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1963
- Nelson v. SmithOregon Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.