Morback v. Young
Oregon Supreme Court
From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is an action by Maud Morback against her husband, J. H. Morback, and W. F. Young, to recover money.
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From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Moore. This is an action by Maud Morback against her husband, J. H. Morback, and W. F. Young, to recover money. The complaint avers in effect that at all the times mentioned therein the defendants were partners in business under the firm name of Young & Morback; that at their special instance and request plaintiff, between May 9, 1904, and July 9, 1905, performed for them 14 months’ labor as a cook, for which service they promised and agreed to pay her its fair worth; that the reasonable value thereof is $40 a month, or $560,…
1Opinion of the CourtJustice Moore
1. The bill of exceptions show that a written contract was entered into May 4, 1904, whereby Young, in consideration of the future payment of $1,200, stipulated to sell to Morback an undivided half interest in a sawmill and certain personal property. Morback was to manage the mill, and to deliver all the lumber that he could manufacture to Young, who was to sell the output, pay all operating expenses, including $15 a month to Morback, and credit the remainder of the proceeds on account of the purchase price which, when fully paid, was to be evidenced by a bill of sale of the property. Morback…
2Cases cited5 opinions
- Donnelly v. San Francisco Bridge Co.California Supreme Court · 1897
- Hayes & Wife v. Va. Mutual Protection Ass'nSupreme Court of Virginia · 1882
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- Remillard v. PrescottOregon Supreme Court · 1879
- Morback v. YoungOregon Supreme Court · 1908
3Cited by8 opinions
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- Mascall v. MurrayOregon Supreme Court · 1915
- Stamm v. WoodOregon Supreme Court · 1917
- West Side Lumber & Shingle Co. v. HeraldOregon Supreme Court · 1913
- First National Bank v. AllenOregon Supreme Court · 1923
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