Stamm v. Wood
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mb. Justice Moore. This is an action by Daisy Stamm against John A. Wood to recover damages for an alleged breach of a mutual promise of marriage and for seduction averred to have been brought about by the defendant through the plaintiff’s reliance upon such promise.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mb. Justice Moore. This is an action by Daisy Stamm against John A. Wood to recover damages for an alleged breach of a mutual promise of marriage and for seduction averred to have been brought about by the defendant through the plaintiff’s reliance upon such promise. The answer denied all the material averments of the complaint, and for a further defense alleged, in effect, that the plaintiff ought not to be permitted to say that a contract of marriage was ever entered into by the parties, for that in the year 1912 the…
1Opinion of the CourtJustice Moore
1. It is contended that an error was committed in striking out the separate defense. The matter thus set forth was evidently designed as a bar or impediment raised by law to prevent the plaintiff from alleging or denying a fact in consequence of her own previous act, allegation, or denial to the contrary. The facts stated were insufficient for the purpose contemplated. Thus in Haun v. Martin, 48 Or. 304 (86 Pac. 371), Mr. Chief Justice Bean, discussing this subject, says:
“Where an estoppel is relied upon, the facts constituting it must be pleaded with particularity and precision, and it must…
2Cases cited20 opinions
- Cooper v. FlesnerSupreme Court of Oklahoma · 1909
- Ward v. Queen City Ins.Oregon Supreme Court · 1914
- Mascall v. MurrayOregon Supreme Court · 1915
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Christian v. EugeneOregon Supreme Court · 1907
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3Cited by14 opinions
- Eitel v. Times, Inc.Oregon Supreme Court · 1960
- State v. ChaseOregon Supreme Court · 1922
- McKay v. State Industrial Accident CommissionOregon Supreme Court · 1939
- Zurich General Accident & Liability Assurance Co. v. Industrial Accident CommissionCalifornia Court of Appeal · 1933
- Syfert v. SolomonCalifornia Court of Appeal · 1928
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