Pacific Mill Co. v. Inman
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is the second appeal in this action, the opinion on the former hearing being reported in 46 Or. 352 (80 Pac. 424). The action was commenced April 10, 1902, by the Pacific Mili Co. Ltd., against Inman, Ponlsen & Co. to recover damages for the breach of a contract. Plaintiff is a Hawaiian corporation and defendant an Oregon corporation engaged in the manufacture of lumber.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Eakin. This is the second appeal in this action, the opinion on the former hearing being reported in 46 Or. 352 (80 Pac. 424). The action was commenced April 10, 1902, by the Pacific Mili Co. Ltd., against Inman, Ponlsen & Co. to recover damages for the breach of a contract. Plaintiff is a Hawaiian corporation and defendant an Oregon corporation engaged in the manufacture of lumber. On August 3, 1901, defendant entered into a contract with plaintiff, whereby plaintiff agreed to increase its capital stock from $12,000 to $50,000,…
1Opinion of the Court
Opinion by
Mr. Justice Eakin.
1. Plaintiff assigns as error the ruling of the court below in granting defendant permission to amend its answer. The allowance of amendments is largely in the discretion of the trial court, and we find nothing in this case that indicates any abuse of discretion, nor does it appear that plaintiff was prejudiced thereby.
2. The right to file an amended pleading does not depend upon whether it is wholly invulnerable to a demurrer or motion to strike out. If it sets up a new defense or a former one more complete, or remedies any other defect, it is sufficient, and this…
2Cases cited16 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Townsend v. CorningNew York Supreme Court · 1840
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Stager v. Troy Laundry Co.Oregon Supreme Court · 1902
- Atlee v. BartholomewWisconsin Supreme Court · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Almond v. AndereggOregon Supreme Court · 1976
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1924
- Smith v. MillsOregon Supreme Court · 1924
- Morley v. MorleyCourt of Appeals of Oregon · 1976
7 more not listed; retrieve them via the Exa API.