Richardson v. Investment Co.
Oregon Supreme Court
Prom Multnomah: "William N. Gatens, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by A. R. Richardson against the Investment Company. The plaintiff declared on an express contract whereby he was to perform labor and furnish material in building a cement sidewalk at a specified price stated in the complaint. He alleged complete performance of the agreement on his part, and claimed a balance still due and owing to him from the defendant.
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Prom Multnomah: "William N. Gatens, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by A. R. Richardson against the Investment Company. The plaintiff declared on an express contract whereby he was to perform labor and furnish material in building a cement sidewalk at a specified price stated in the complaint. He alleged complete performance of the agreement on his part, and claimed a balance still due and owing to him from the defendant. The answer denied the contract except as stated, and utterly denied the performance of the same by the plaintiff and the balance due…
1Opinion of the CourtJustice Burnett
Two questions are presented by the appeal: (1) Was the testimony sufficient to authorize the court to make a finding of fact to the effect that the plaintiff had fully performed the contract declared upon? (2) Was the allowance of interest as stated authorized at law?
1. Although denied by the pleadings, it was admitted at the trial that the contract was made and the work done upon the written offer and acceptance alleged in the answer. That instrument is silent as to the material to be used except the kind of cement required. There is a marked dispute in the testimony as to whether the work…
2Cases cited4 opinions
- Hannan v. GreenfieldOregon Supreme Court · 1899
- Sorenson v. Oregon Power Co.Oregon Supreme Court · 1905
- O. C. Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1890
- Young v. StickneyOregon Supreme Court · 1905
3Cited by15 opinions
- Gow v. Multnomah Hotel, Inc.Oregon Supreme Court · 1951
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Richardson v. Investment Co.Oregon Supreme Court · 1928
- Carnahan Mfg. Co. v. Beebe-Bowles Co.Oregon Supreme Court · 1916
- Calcagno v. HolcombOregon Supreme Court · 1947
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