Hetrick v. Gerlinger Motor Car Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. This is a suit against the Gerlinger Motor Oar Company, a corporation, brought by M. Hetrick and W. M. Cline, copartners in business under the firm name and style of Hetrick & Cline, and heard by the lower court sitting in equity to a jury that returned a verdict in favor of plaintiffs, and defendant appeals. Affirmed. Rehearing denied Department 1. Statement by Mr. Justice McCamant.
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From Multnomah: Henry E. McGinn, Judge. This is a suit against the Gerlinger Motor Oar Company, a corporation, brought by M. Hetrick and W. M. Cline, copartners in business under the firm name and style of Hetrick & Cline, and heard by the lower court sitting in equity to a jury that returned a verdict in favor of plaintiffs, and defendant appeals. Affirmed. Rehearing denied Department 1. Statement by Mr. Justice McCamant. This is a suit brought by M. Hetrick and W. M. Cline, partners as Hetrick & Cline, to rescind a contract for the purchase of a motor truck, to cancel a promissory note…
1Opinion of the CourtJustice McCamant
It is true, as contended by the defendant, that the matter set up in the supplemental complaint should have been pleaded by way of amendment to the original complaint,- but error is not assigned on the order of the lower court permitting the supplemental complaint to be filed. We will therefore treat it as an amendment of the original pleading, properly allowed.
It would serve no useful purpose to state in this opinion the evidence on the subject of the fraud. It strongly preponderates in favor of plaintiffs and convincingly proves the allegations of the complaint. It is proper to add that the…
2Cases cited9 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- Equitable Manufacturing Co. v. BiggersSupreme Court of Georgia · 1904
- Ming Yue v. Coos Bay RailroadOregon Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Oregon-Wash. R. & N. Co. v. ReedOregon Supreme Court · 1917
- Johns-Manville Corp. v. HeckartOregon Supreme Court · 1929
- Klinge v. FarrisOregon Supreme Court · 1928
- Outcault Advertising Co. v. JonesOregon Supreme Court · 1925
- Ponsler v. WilsonOregon Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.