Hayden v. Astoria
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 2. Statement by Me. Justice Bean. This is an appeal by tlie plaintiffs from an order of the Circuit Court striking their complaint from the record and dismissing the action.
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From Clatsop: James A. Eakin, Judge. Department 2. Statement by Me. Justice Bean. This is an appeal by tlie plaintiffs from an order of the Circuit Court striking their complaint from the record and dismissing the action. On August 22,1911, a contract was entered into between Bidwell-Hayden & Co. and the City of Astoria, Oregon, whereby the plaintiffs agreed to construct a storage reservoir dam, and clear a reservoir site on Bear Creek by October 1, 1912, in accordance with the specifications attached and plans explanatory thereof which had been made or might thereafter be made from time to…
1Opinion of the CourtJustice Bean
1. The proposition involved is plainly stated by counsel for defendant in their brief as follows:
“The only theory upon which the appellants can successfully maintain this appeal is that their complaint states facts showing that the respondent abandoned the original contract, or by its acts prohibited the appellants from performing the contract according to th,e terms thereof, and that an entirely new contract was by law impliedly entered into, and further that the unit agreement of compensation would not govern.”
It would seem that the first position taken by counsel in regard to the itemized…
2Cases cited12 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
- Cross v. . BeardNew York Court of Appeals · 1862
- County of Cook v. HarmsIllinois Supreme Court · 1883
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3Cited by16 opinions
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- City of Portland Ex Rel. Donohue & Fleskes Corp. v. Hoffman Construction Co.Oregon Supreme Court · 1979
- Inland Construction Co. v. City of PendletonOregon Supreme Court · 1925
- Krieg v. UNION PACIFIC LAND RESOURCES CORPORATIONOregon Supreme Court · 1974
- McDonald v. SuppleOregon Supreme Court · 1920
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