Duniway v. Hadley
Oregon Supreme Court
From Multnomah: Gilbert W. Phelps, Judge. Department 2. This is an action to recover the reasonable value of services performed by plaintiff as a lawyer for defendant from September 18, 1912, to March 9, 1916. The defendant answered denying the material allegations of the complaint, and for a further and separate answer pleaded that on May 20, 1912, plaintiff and defendant entered into a written contract, that the services were performed under the written contract and that…
Read the full summary
From Multnomah: Gilbert W. Phelps, Judge. Department 2. This is an action to recover the reasonable value of services performed by plaintiff as a lawyer for defendant from September 18, 1912, to March 9, 1916. The defendant answered denying the material allegations of the complaint, and for a further and separate answer pleaded that on May 20, 1912, plaintiff and defendant entered into a written contract, that the services were performed under the written contract and that defendant owed plaintiff $500, which he tendered in court, and setting forth the contract, the substance is as follows:…
1Opinion of the CourtBean, J.
1. Upon the trial of the cause the court submitted to the jury two forms of verdict, one in favor of the plaintiff in a blank sum and one in favor of the defendant. The jury did not find for plaintiff what the defendant admitted was due to the plaintiff and tendered into court, and the court failed to instruct the jury in regard thereto. Counsel for plaintiff objected to the court receiving the verdict and this is one of the reasons for granting a new trial.
If there was' reversible error committed on the trial against the plaintiff, it was the duty of the Circuit Court to grant the new trial,…
2Cases cited19 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Matter of Application of La DueCalifornia Supreme Court · 1911
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- De Vall v. De VallOregon Supreme Court · 1911
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bottig v. PolskyOregon Supreme Court · 1921
- American National Bank v. KerleyOregon Supreme Court · 1923
- Spokane County v. Pacific Bridge Co.Oregon Supreme Court · 1923
- In Re BurnsIdaho Supreme Court · 1935
- Southern Oregon Co. v. KightOregon Supreme Court · 1924
4 more not listed; retrieve them via the Exa API.