Young v. Stickney
Oregon Supreme Court
From. Clackamas: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is an action by W. H. Young against H. O. Stickney to recover for services rendered, and also damages for an alleged breach of a contract.
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From. Clackamas: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is an action by W. H. Young against H. O. Stickney to recover for services rendered, and also damages for an alleged breach of a contract. It is averred in the complaint that the parties entered into an agreement whereby plaintiff was to haul to a skidway certain saw logs to be cut by defendant, who was to pay him $1.75 per 1,000 feet therefor, and promptly to remove all such logs from the skidway, so as not to delay the performanee of tbe work; and that plaintiff duly kept all the conditions of the agreement on…
1Opinion of the CourtJustice Moore
The plaintiff at the trial having introduced his testimony and rested, defendant’s counsel moved the court for a judgment of nonsuit on the ground that the first cause of action stated in the complaint is based on an express contract, all the conditions of which, it is alleged, plaintiff fully performed, while the testimony shows a nonperformance, to excuse which he relies on the defendant’s alleged breach of the contract without alleging such waiver. The motion was overruled and an exception saved, and it is contended that the court erred in refusing to grant the non-suit. It is argued by…
2Cases cited4 opinions
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Durkee v. CarrOregon Supreme Court · 1900
- Gardner v. McWilliamsOregon Supreme Court · 1902
3Cited by15 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926
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