Legal Opinion

Shipman v. Portland Const. Co.

Oregon Supreme Court

Decided January 7, 1913PublishedCited by 15 opinions

From Multnomah; Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is a suit by Shipman, Denny, Rhame & Company, a corporation, against the Portland Construction Co., a corporation, J. R. Bowles, Homer I. Keeney, Mark W. Gill, H. J. Martin, O. B. Hathaway, W. F. Hurlburt, J. H. Carpenter, and Oregon Gold Prospecting & Promoting Co., a corporation.

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From Multnomah; Henry E. McGinn, Judge. Statement by Mr. Justice Burnett. This is a suit by Shipman, Denny, Rhame & Company, a corporation, against the Portland Construction Co., a corporation, J. R. Bowles, Homer I. Keeney, Mark W. Gill, H. J. Martin, O. B. Hathaway, W. F. Hurlburt, J. H. Carpenter, and Oregon Gold Prospecting & Promoting Co., a corporation. The plaintiff is a California corporation of consulting engineers and the defendant Portland Construction Company is an Oregon corporation. On August 14, 1908, the Construction Company, as party of the first part, entered into a contract…

1Opinion of the CourtJustice Burnett

1. The defendant Portland Construction Company alone attempts to challenge the right of the plaintiff to appear in the courts to enforce the contract sued upon. Reduced to its lowest terms, its answer in that respect in so many words states that the plaintiff, a foreign corporation, has not complied with the laws of the State of Oregon permitting a foreign corporation to do business within the State of Oregon. That pleading as quoted above states no issuable fact, but only conclusions of law. It is not there stated whether or not the plaintiff had paid the fee or tax required, or had filed…

2Cases cited7 opinions

  1. Hodges & Wilson v. Silver Hill Mining Co.Oregon Supreme Court · 1881
  2. Ladd & Bush v. CartwrightOregon Supreme Court · 1879
  3. Brundage v. Monumental Gold & Silver Mining Co.Oregon Supreme Court · 1885
  4. Hawkins v. DonnerbergOregon Supreme Court · 1901
  5. Torrey v. Toledo Portland Cement Co.Michigan Supreme Court · 1909

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3Cited by15 opinions

  1. Schramm v. Bank of California, National Ass'nOregon Supreme Court · 1933
  2. Garetson Lumber Co. v. HinsonOregon Supreme Court · 1914
  3. Vermont Farm Mach. Co. v. HallOregon Supreme Court · 1916
  4. Fones v. MurdockOregon Supreme Court · 1916
  5. McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1925

10 more not listed; retrieve them via the Exa API.

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