Annand v. Austin
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by Clara J. Annand against Emma M. Austin for money had and received. From a judgment in favor of defendant, plaintiff appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an action for money had and received with a complaint in the usual form.
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From Multnomah: George N. Davis, Judge. Action by Clara J. Annand against Emma M. Austin for money had and received. From a judgment in favor of defendant, plaintiff appealed. Reversed and remanded. Department 1. Statement by Mr. Justice Benson. This is an action for money had and received with a complaint in the usual form. After a general denial, the answer contains the following affirmative allegation: “That during 1914, the plaintiff and the defendant entered into a contract wherein and whereby the defendant, in consideration of the sum of $4000.00, agreed to convey to the plaintiff all…
1Opinion
Denied November 27, 1917.
On Petition for Beheaeing.
(168 Pac. 725.)
Petition for rehearing denied.
Mr. Charles J. Schnabel and Mr. J. B. Ofner, for the petition.
Mr. W. 7. Masters, contra.
Department 1.
2Opinion of the CourtJustice Burnett
An opinion written by Mr. Justice Benson reversed a judgment of the Circuit Court in favor of the defendant and she has filed a petition for rehearing which has had our attention.
We recall that the complaint was in the ordinary form to recover for money had and received to the use of the plaintiff.
The substance of the answer was that the defendant received the money as an initial payment on a…
3Cases cited6 opinions
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- Young v. StickneyOregon Supreme Court · 1905
- Lillienthal v. A. P. Hotaling Co.Oregon Supreme Court · 1887
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