Legal Opinion

McCabe Const. Co. v. Utah Const. Co.

District Court, D. Oregon

Decided October 21, 1912No. 3,876PublishedCited by 11 opinions

■ At Law. Action -by the McCabe Construction Company against the Utah Construction Company. On motion by defendant for judgment on the pleadings.

1Opinion of the Court

BEAN, District Judge.

The purpose of this action is to recover damages for the alleged breach of an oral contract between the plaintiff and the defendant, and has been submitted on a motion for judgment on the pleadings’.

*977It appears from the averments of the pleadings, which, for the purposes of this motion must be assumed to be true, that in 1909 the defendant had a contract for the construction of a portion of the railway line of the Oregon Eastern Railway Company from Natron to Klamath Falls. In August of that year it sublet part of the work by verbal contract to the plaintiff at certain…

2Cases cited3 opinions

  1. United States Ex Rel. International Contracting Co. v. LamontSupreme Court of the United States · 1894
  2. Consumers' Cotton-Oil Co. v. AshburnCourt of Appeals for the Fifth Circuit · 1897
  3. Endriss v. Belle Isle Ice Co.Michigan Supreme Court · 1882

3Cited by11 opinions

  1. Snowball v. Maney Bros. & Co.Wyoming Supreme Court · 1928
  2. Associated Oil Co. v. La BranchOregon Supreme Court · 1932
  3. Cooperative Refinery Ass'n v. Consumers Public Power Dist. Consumers Public Power Dist. v. Cooperative Refinery Ass'nCourt of Appeals for the Eighth Circuit · 1951
  4. Black, Raber-Kief & Associates v. United StatesUnited States Court of Claims · 1966
  5. Hanover Canal Co. v. WilsonWyoming Supreme Court · 1914

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