Heywood v. Doernbecher Mfg. Co.
Oregon Supreme Court
From Multnomali: Alered F. Sears, Jr., and Arthur L. Frazer, Judges. Statement by Mr. Justice Moore. This is a law action by Heywood Brothers & Wakefield Co., a private corporation, against the Doernbecher Manufacturing Co. The cause of action here involved is the second of those set out in the complaint, and is the particular cause relied on to recover certain sums of money as discounts and freight alleged to have been allowed and paid by the plaintiff on defendant’s…
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From Multnomali: Alered F. Sears, Jr., and Arthur L. Frazer, Judges. Statement by Mr. Justice Moore. This is a law action by Heywood Brothers & Wakefield Co., a private corporation, against the Doernbecher Manufacturing Co. The cause of action here involved is the second of those set out in the complaint, and is the particular cause relied on to recover certain sums of money as discounts and freight alleged to have been allowed and paid by the plaintiff on defendant’s account. The complaint alleges the incorporation of the respective parties, and states that the plaintiff is a wholesale…
1Opinion of the CourtJustice Moore
It is conceded by the defendant’s counsel that the plaintiff was entitled to the sums for which judgment was rendered on the fourth and fifth causes of action; but it is insisted that the court erred in permitting the complaint to be amended after immaterial testimony had been admitted over objection and exception, and also in refusing to grant a judgment of nonsuit on the second cause of action, for the recovery of discounts, etc., and that, as the' defendant was entitled to a counterclaim of $2,277.25, judgment should have been rendered in its favor and against the plaintiff for $1,135.28,…
2Cases cited7 opinions
- The DavisSupreme Court of the United States · 1870
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- Mack v. Drummond Tobacco Co.Nebraska Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
- Garvin v. Western Cooperage Co.Oregon Supreme Court · 1919
10 more not listed; retrieve them via the Exa API.