Evarts v. Steger
Oregon Supreme Court
Appeal from Umatilla County. This is a suit brought by appellant in the circuit court of Umatilla county. A demurrer was sustained in the court below to plaintiff’s complaint, and from that judgment this appeal is taken. Plaintiff alleges that Jacob Yarlett died intestate April 20, 1871, and that defendant Steger was appointed administrator of his estate.
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Appeal from Umatilla County. This is a suit brought by appellant in the circuit court of Umatilla county. A demurrer was sustained in the court below to plaintiff’s complaint, and from that judgment this appeal is taken. Plaintiff alleges that Jacob Yarlett died intestate April 20, 1871, and that defendant Steger was appointed administrator of his estate. That in pursuance of such appointment, Steger, as principal and the other defendants as his sureties, signed an instrument in writing, of which the following is a copy. “ Know all men by these presents, that George W. Steger as principal,…
1Opinion of the Court
By tlie Court, Boise, J.:
It is alleged in the complaint that in making said writing, by mistake immediately after the word “concern,” the words “in the sum of ten thousand dollars, payable” to whom it may concern, were omitted, or other apt words expressive of the amount which the parties to said writing attempted and intended to become bound; and the complaint alleges that said defendants intended to insert said words in said instrument, and to have them remain therein at the time of the execution, delivery and filing by tliem; and further alleges that said sureties did justify under oath in…
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