Nicolai v. Krimbel
Oregon Supreme Court
This case comes here on appeal from a judgment given in favor of defendant notwithstanding a verdict of the jury adverse to him.
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This case comes here on appeal from a judgment given in favor of defendant notwithstanding a verdict of the jury adverse to him. The facts are that on December eleventh, eighteen hundred and ninety-three, the Nicolai Brothers Company commenced an action against the defendant Jacob Krimble in the justice’s court by filing a complaint which, inter alia, alleged “ That defendant is indebted to plaintiff in the sum of ninety-two dollars and twenty-five cents, on account of certain goods, wares, and merchandise sold and delivered by plaintiff to defendant at the special instance and request of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
That the complaint is defective, and would have been subject to a demurrer, may be conceded, but we think it must be held sufficient after verdict. The general rule in such case is “that wherever facts are not expressly stated which are so essential to a recovery that, without proof of them on the trial, a verdict could not have been rendered under the direction of the court, there the want of the express statement is cured by the verdict, provided the complaint contains terms sufficiently general to comprehend the facts in fair , and reasonable intendment”:…
2Cases cited2 opinions
- Aiken v. CoolidgeOregon Supreme Court · 1885
- Davidson v. O. & C. RailroadOregon Supreme Court · 1883
3Cited by14 opinions
- Western Feed Co. v. HeidloffOregon Supreme Court · 1962
- Sullivan v. CarpenterOregon Supreme Court · 1948
- Duby v. HicksOregon Supreme Court · 1922
- Murphy v. HartyOregon Supreme Court · 1964
- Patterson v. PattersonOregon Supreme Court · 1902
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