Proebstel v. Trout
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is a suit by H. 0. Proebstel against W. A. Trout and S. J. Donaldson.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. This is a suit by H. 0. Proebstel against W. A. Trout and S. J. Donaldson. The substance of the complaint is, that about December 8, 1908, the defendant Trout borrowed from Florence Rucker $1,000, giving his note therefor, and at the same time executed and delivered to her the following writing: “Whereas, I, the undersigned, W. A. Trout, secured a loan from Florence Rucker this 8th day of December, 1908, in the amount of $1,000.00, and due on or before six months from date, as evidenced by a certain promissory note…
1Opinion of the CourtJustice Burnett
1. The plea of tender made by the defendant Trout can avail him nothing in this suit, for the reason that he does not state the amount of money which he tendered to Donaldson on he date he mentions. To make the plea of tender effectual, the amount tendered must be stated, because without this it is impossible for the court to reach the conclusions which the pleader draws that the full sum was tendered. The allegation of the answer that the money tendered was the full sum due, amounts only to a conclusion of law. 'The fact of the exact amount tendered must be stated in order for the court to…
2Cases cited15 opinions
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