Clark v. Wick
Oregon Supreme Court
Appeal from Linn: Geo. H. Burnett, Judge. . This is an action by Clark Brothers against Philip Wick on an implied contract for board and feed furnished the defendant by plaintiffs, and on certain accounts for labor performed for defendant by one Cree and one Fitzwater, and by them sold and assigned to plaintiffs.
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Appeal from Linn: Geo. H. Burnett, Judge. . This is an action by Clark Brothers against Philip Wick on an implied contract for board and feed furnished the defendant by plaintiffs, and on certain accounts for labor performed for defendant by one Cree and one Fitzwater, and by them sold and assigned to plaintiffs. In the title of the cause plaintiffs are designated as “James E. Clark and Charles Clark, partners doing business under the firm name and style of Clark Brothers,” but there is no allegation in the body of the complaint of such partnership, or that the accounts sued on are…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
1. The first assignment of error is in the admission of evidence tending to show that plaintiffs furnished board for the defendant and feed for his stock, as alleged in the complaint, and that they purchased the Cree and Fitzwater accounts as partners under the firm name of Clark Brothers. The objection to the admission of this testimony is based upon the fact that there is no allegation of partnership in the body of the complaint. Conceding that the words “ partners doing business under the firm name and style of Clark Brothers ” in the title of the cause are mere…
2Cases cited4 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Salazar v. SmartMontana Supreme Court · 1892
- Benicia Agricultural Works v. Creighton & QuiveyOregon Supreme Court · 1892
- Walgamood v. RandolphNebraska Supreme Court · 1887
3Cited by12 opinions
- Springer v. JenkinsOregon Supreme Court · 1906
- Triphonoff v. SweeneyOregon Supreme Court · 1913
- C. A. Babcock Co. v. KatzOregon Supreme Court · 1927
- Duff v. Willamette Steel WorksOregon Supreme Court · 1904
- Lewis v. Joseph Hartley & Sons Co.Indiana Court of Appeals · 1949
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