Wallace v. Baisley
Oregon Supreme Court
Baker county: M. D. Clifford, Judge. Defendant appeals. This action was originally commenced in the name of I. II. Dawson, as plaintiff, but while it was pending, the plaintiff died, and the present plaintiff was substituted, having succeeded to Dawson’s interest in the action.
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Baker county: M. D. Clifford, Judge. Defendant appeals. This action was originally commenced in the name of I. II. Dawson, as plaintiff, but while it was pending, the plaintiff died, and the present plaintiff was substituted, having succeeded to Dawson’s interest in the action. The complaint charges that at all times therein alleged, the defendants E. Silver and S. B. Baisley were partners under the firm name of E. Silver & Co. The complaint then charges that between the first day of April and the first day of November, 1890, I. Lang, E. Lang, L. Lang, and -Lang, who were then and are now…
1Opinion of the CourtStkahan, C. J.
The exception to the court’s ruling excluding Baisley’s evidence in relation to the non-existence of the partnership, cannot be sustained. The answer, by not denying, admitted the sale and delivery of the goods to the defendants, as well as their value. The issue taken, therefore, on the allegation of partnership between Silver and Baisley at the time of the sale and delivery of the goods, was entirely immaterial. That allegation might have been stricken from the complaint, and a good cause of action would have remained. This stood confessed by the answer; and the question of partnership, no…
2Cases cited5 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Wood v. . HenryNew York Court of Appeals · 1869
- Hunter v. MartinCalifornia Supreme Court · 1881
- Loper v. WelchThe Superior Court of New York City · 1854
- Whitwell v. ThomasCalifornia Supreme Court · 1858
3Cited by10 opinions
- Taylor v. BrownOregon Supreme Court · 1907
- Garrison v. GoodaleOregon Supreme Court · 1892
- Nunn v. BirdOregon Supreme Court · 1900
- Horn v. DavisOregon Supreme Court · 1914
- Grangers' Union v. AsheCalifornia Court of Appeal · 1910
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