Zimmerman v. Sunset Lumber Co.
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Eakin. This is an action by Zimmerman, Wells-Brown Company, a corporation, against the Sunset Lumber Company, a corporation, to recover the possession of two roading engines — one 11x14, the other 12x12 — of the alleged value of $3,425; plaintiff alleging ownership thereof and right of possession, which allegation the answer denies, alleging affirmatively that defendant purchased from plaintiff the 12x12 engine…
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice Eakin. This is an action by Zimmerman, Wells-Brown Company, a corporation, against the Sunset Lumber Company, a corporation, to recover the possession of two roading engines — one 11x14, the other 12x12 — of the alleged value of $3,425; plaintiff alleging ownership thereof and right of possession, which allegation the answer denies, alleging affirmatively that defendant purchased from plaintiff the 12x12 engine on June 7, 1907, for the consideration of $3,925, of which it paid in cash $1,350, that Hie balance of the price was to…
1Opinion of the CourtJustice Eakin
1. The contention of plaintiff is that this action, being in the nature of replevin, is not subject to a counterclaim for damages, and upon that question we find there is some conflict in the authorities. See 34 Cyc. 1416. Section 73, B. & C. Comp., provides that the answer shall contain, among other things:
“(2) A statement of any new matter constituting a defense or counterclaim.”
Section 74 provides that “the counterclaim mentioned in Section 73 must be one existing in favor of defendant, and against a plaintiff, between whom a several judgment might be had in the action and arising out of…
2Cases cited8 opinions
- Freeman v. TrummerOregon Supreme Court · 1907
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Gardner v. RisherSupreme Court of Kansas · 1886
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Deford v. HutchisonSupreme Court of Kansas · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Strong v. MooreOregon Supreme Court · 1922
- Lowe v. HarmonOregon Supreme Court · 1941
- Leadbetter v. PriceOregon Supreme Court · 1921
- McCargar v. WileyOregon Supreme Court · 1924
- MacK Trucks, Inc. v. TaylorOregon Supreme Court · 1961
20 more not listed; retrieve them via the Exa API.