Kabat v. Moore
Oregon Supreme Court
From Douglas: William Galloway, Judge. Statement by Mr. Chief Justice Bean. This is an action by Leonard Kabat against Maurice Moore for deceit.
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From Douglas: William Galloway, Judge. Statement by Mr. Chief Justice Bean. This is an action by Leonard Kabat against Maurice Moore for deceit. The complaint alleges that at all the times therein mentioned defendant ivas engaged in the business of locating settlers upon vacant government land for a consideration; that on Maji 18, 1902, he represented to the plaintiff that he knew of a suitable tract of vacant land subject to entry under the homestead laws of the United States, and plaintiff employed him to point it out and rim the lines and boundaries thereof, and agreed if the land was as…
1Opinion of the CourtChief Justice Bean
1. There was no error in overruling the motion to make the complaint more definite and certain. The names of the parties, if any, who assisted the defendant in running out the lines of the property shown to the plaintiff, were 'immaterial to the cause of action, and it was not necessary that they should be stated in the complaint.
2. The motion to make the reply more definite and certain and for a directed verdict, because it did not raise an issue on the averments of new matter in the answer, was likewise properly overruled. The statute (Section 77, B. & C. Comp.), as amended in 1903,…
2Cases cited3 opinions
- Montour v. PurdySupreme Court of Minnesota · 1866
- Williamson v. North Pacific Lumber Co.Oregon Supreme Court · 1902
- Wightman v. StateOhio Supreme Court · 1841
3Cited by15 opinions
- Welch v. JohnsonOregon Supreme Court · 1919
- State v. HydeOregon Supreme Court · 1918
- Phipps v. WillisOregon Supreme Court · 1908
- Richards v. District School BoardOregon Supreme Court · 1915
- Spencer v. WolffOregon Supreme Court · 1926
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