Home Telephone Co. v. Moodie
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 1. ■ Statement by Me. Justice Burnett. This is an action by the Home Telephone & Telegraph Company of Portland, Oregon, a corporation, against A. D. Moodie, on two counts to recover the quantum meruit of certain services alleged to have been performed by it for the defendant at his special instance and request in moving its wires on certain streets in the City of Portland.
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From Multnomah: George N. Davis, Judge. Department 1. ■ Statement by Me. Justice Burnett. This is an action by the Home Telephone & Telegraph Company of Portland, Oregon, a corporation, against A. D. Moodie, on two counts to recover the quantum meruit of certain services alleged to have been performed by it for the defendant at his special instance and request in moving its wires on certain streets in the City of Portland. The performance of the work is admitted in the answer, but all other averments respecting it are denied. The defendant alleges that the plaintiff is carrying on a telephone…
1Opinion of the CourtJustice Burnett
1, 2. The question in this case is whether the plaintiff is bound by the terms of its franchise without reference to the former general ordinance of the city respecting the moving of wires to allow the passage of houses being moved from one point to another. Ordinance 7683, referred to in the reply, declares in substance, that when any person desires to move a house along a route which crosses or interferes with the lines of any street, railway, telephone, telegraph, electric light, or other electric wire line, he shall, besides obtaining a permit from the superintendent of streets, give a 24…
2Cases cited3 opinions
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- Edward Hines Lumber Co. v. GallowayOregon Supreme Court · 1944
- Hill v. HartzellOregon Supreme Court · 1926
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