Murray v. Meyer

Plaintiff appeals from a final judgment in an action on a contract. We limit our discussion to his assignment of error with respect to the trial court’s disallowance, on procedural grounds, of his cost bill. On that issue we reverse; we affirm in all other respects.

The trial court disallowed the cost bill, because plaintiff had “failed to prove that the cost bill was served upon defendants in accordance with Oregon law.” On appeal, plaintiff contends that he complied with the relevant rules of procedure or that, if he did not, the defect in the manner of service did not affect their…