Stocklen v. Barrett
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by Ed. R. Stocklen, doing business as the Yale Market & Grocery Company, against M. E. Barrett and wife. The facts are as follows: Stocklen, who is a dealer in groceries and meat, brought an action in the justice’s court to recover from defendants the sum of $55.25, which he alleged to be the reasonable value of goods, wares, and merchandise sold by him to defendants.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice McBride. This is an action by Ed. R. Stocklen, doing business as the Yale Market & Grocery Company, against M. E. Barrett and wife. The facts are as follows: Stocklen, who is a dealer in groceries and meat, brought an action in the justice’s court to recover from defendants the sum of $55.25, which he alleged to be the reasonable value of goods, wares, and merchandise sold by him to defendants. Before the trial, the defendants demanded an itemized statement of the account, and in response thereto plaintiff furnished the…
1Opinion of the CourtJustice McBride
1. We think the court below erred in striking out or refusing to consider the testimony offered on behalf of plaintiff. The demand for a bill of particulars rests upon the same principles as a motion to make a pleading more definite and certain: Conover v. Knight, 84 Wis. 639 (54 N. W. 1002). In motions of that character a court will not require a party to be more definite in regard to matters concerning which he has no further knowledge: Cederson v. Oregon Nav. Co., 38 Or. 343, 358 (62 Pac. 637: 63 Pac. 763).
*2842. In the case at bar the bill furnished was more definite than the complaint, in…
2Cases cited6 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Wheelock v. BarneyIndiana Supreme Court · 1867
- Conover v. KnightWisconsin Supreme Court · 1893
- Rossman v. BockMichigan Supreme Court · 1893
- Mosheim v. PawnCity of New York Municipal Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Swain v. Oregon Motor StagesOregon Supreme Court · 1938
- Moe v. AlsopOregon Supreme Court · 1950
- Jetmore v. AndersonOregon Supreme Court · 1922
- Tofte v. RobesonOregon Supreme Court · 1977