Chung v. Stephenson
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Ms. Justice Bakin. This is an action to recover money, to which defendants counterclaimed. From judgment for plaintiff, defendants appeal. Don Sing had a lease of the hopyard of defendants, paying one-third of the crop as rental.
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From Multnomah: John B. Cleland, Judge. Statement by Ms. Justice Bakin. This is an action to recover money, to which defendants counterclaimed. From judgment for plaintiff, defendants appeal. Don Sing had a lease of the hopyard of defendants, paying one-third of the crop as rental. The defendants were to advance supplies to aid him in the cropping, the hops were to remain their property until sold, and defendants were to retain out of the price of the hops such sum as would compensate them for such advances. In June, 1904, Don needed money to aid him in caring for the hops, and defendants not…
1Opinion of the CourtJustice Eakin
1. These two items, the claim for damages for injury to the hop plants and for the insurance premium paid, are very defectively pleaded, but the reply treats them as counterclaims, and they ivere so regarded at the trial; therefore, unless otherwise disposed of in. that court, they are issues made by the pleadings, and the court should have made findings on such issues: Daly v. Larsen, 29 Or. 535 (46 Pac. 143).
2. Defendants admit their liability upon the note for principal and interest, and tendered the amount thereof into court. This constitutes payment, and it is clear that they are…
2Cases cited1 opinion
- Daly v. LarsenOregon Supreme Court · 1896
3Cited by6 opinions
- Hooton v. Jarman Chevrolet Co.Oregon Supreme Court · 1931
- Kee v. CarverOregon Supreme Court · 1920
- Howard v. Klamath CountyOregon Supreme Court · 1950
- Vuilleumier v. Oregon Water Power & R. Co.Oregon Supreme Court · 1909
- Taylor v. BucknerOregon Supreme Court · 1921
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