Plinsky v. Nolan
Oregon Supreme Court
Prom Benton: James W. Hamilton, Judge. Statement Per Curiam. This is an action by Frank Plinsky against J. M. Nolan and Thomas Nolan to recover damages for breach of an alleged contract to employ him; the plaintiff obtained a verdict and judgment for $135, which the defendants moved the court to set aside and to grant a new trial.
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Prom Benton: James W. Hamilton, Judge. Statement Per Curiam. This is an action by Frank Plinsky against J. M. Nolan and Thomas Nolan to recover damages for breach of an alleged contract to employ him; the plaintiff obtained a verdict and judgment for $135, which the defendants moved the court to set aside and to grant a new trial. The court entered an order to the effect that the verdict be set aside and a new trial granted, unless within 30 days the plaintiff should elect to rebate and accept a judgment against the defendants for $90. Within the specified time, in accordance with the order,…
1Opinion of the Court
*404Opinion
2Per curiam
In effect, the trial court said to the plaintiff, “You are not entitled to $135, hut if you will accept a judgment for $90 it will be entered in your favor for that amount.” Piling the remitter quoted amounted to an acceptance of that offer and a consent to such a judgment. It was tantamount to an agreement that all alleged errors were waived and the case settled on the proposed basis of a judgment for $90, with costs and disbursements. It is equivalent to a judgment by confession according to Schmidt v. Oregon Gold Min. Co., 28 Or. 9 (40 Pac. 406, 1014, 52 Am. St. Rep. 759) and…
3Cases cited2 opinions
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Twitchell v. RisleyOregon Supreme Court · 1910
4Cited by7 opinions
- McDaniel v. HancockMichigan Supreme Court · 1950
- Conlin v. Southern Pacific Railroad Co.California Court of Appeal · 1919
- Basche-Sage Hdw. Co. v. De WolfeOregon Supreme Court · 1925
- Johnson v. PaulsonOregon Supreme Court · 1916
- McCargar v. MooreOregon Supreme Court · 1916
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