Simpson v. Miller
Oregon Supreme Court
From Polk: George H. Burnett, Judge. Statement by Mr. Commissioner Slater. This action is to recover -$510 for plaintiff’s alleged undivided one half interest in all the fir and hemlock timber standing at the time of sale upon a certain 160-acre tract of land known as the “Jim Price claim,” in Polk County, which plaintiff alleges he sold and delivered to defendant on or about January 1, 1904, at the agreed price of 30 cents per 1,000 feet, to be paid when such timber had…
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From Polk: George H. Burnett, Judge. Statement by Mr. Commissioner Slater. This action is to recover -$510 for plaintiff’s alleged undivided one half interest in all the fir and hemlock timber standing at the time of sale upon a certain 160-acre tract of land known as the “Jim Price claim,” in Polk County, which plaintiff alleges he sold and delivered to defendant on or about January 1, 1904, at the agreed price of 30 cents per 1,000 feet, to be paid when such timber had been cut and removed by defendant, and the log measure thereof ascertained. It is alleged that defendant, before August 1,…
1Opinion of the Court
Opinion by
Me. Commissioner Slater.
It is not clear that, under the pleadings and evidence in this case, defendant can bar the prosecution of the action by a motion for a nonsuit based upon reasons which amount to an affirmative defense, but are not pleaded. Plaintiff has alleged a sale to defendant of an undivided interest in some timber for a definite sum. There is no suggestion in the complaint of a partnership relation, or that the property sold was partnership property. These averments are met by a general denial without any affirmative defense. When proof has been submitted of the sale as…
2Cases cited6 opinions
- Wilson v. WilsonOregon Supreme Court · 1894
- Allen v. LoganSupreme Court of Missouri · 1888
- Ligare v. PeacockIllinois Supreme Court · 1884
- Spaunhorst v. LinkSupreme Court of Missouri · 1870
- McDonald v. HolmesOregon Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Troutman v. ErlandsonOregon Supreme Court · 1979
- McKee v. Capitol Dairies, Inc.Oregon Supreme Court · 1940
- Viscount Air Services, Inc. v. Cole (In Re Viscount Air Services, Inc.)United States Bankruptcy Court, D. Arizona · 1998
- Tieman v. SachsOregon Supreme Court · 1908
- Moffatt v. HardenCourt of Appeals of Oregon · 1982