Sloan v. Wells

BRANCH, Justice.

The sole question presented is whether the trial court erred in granting plaintiff’s motion for a directed verdict on defendant’s counterclaim.

In finding no error in the trial below, the Court of Appeals apparently relied on an Oregon case, Rodgers Insurance Agency v. Andersen Machinery, 211 Or. 459, 316 P. 2d 497 (1957), and quoted the following language therefrom:. . . [W]e believe that a contract to procure insurance should be proved with the same certainty as an oral contract of insurance or agreement to insure. The essential elements of such an agreement were first stated…