Meyer v. Livesley
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. This is an action by J. W. Meyer against T. A. Livesley and John J. Roberts, partners doing business under the firm name and style of T. A. Livesley & Co., to recover upon a contract for money he expended in cultivating and harvesting a crop of hops.
Read the full summary
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. This is an action by J. W. Meyer against T. A. Livesley and John J. Roberts, partners doing business under the firm name and style of T. A. Livesley & Co., to recover upon a contract for money he expended in cultivating and harvesting a crop of hops. The contract set out in the complaint is: “That the plaintiff herein prior to and during the month of September, 1904, at the special instance and request of the said defendants, picked, cultivated, harvested, cured, and baled the entire crop of hops grown on said premises for…
1Opinion of the Court
Mr.- Justice Eakin
delivered the opinion of the court.
1. It is first urged by defendants that the contract as testified to by plaintiff’s witness does not include expenses incurred prior to the time of the agreement. There was but one witness, John H. McNary, on the part of the plaintiff to the terms of the agreement, and he states it as follows:
“I saw Livesley. * * It was about the first of hop picking as I recollect it. He said to me: ‘What is Meyer going to do with those hops ?’ referring to the hops raised on the I. M. Simpson hopyard. I think I told him that I presumed he would pick them…
2Cases cited5 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Somers v. KeliherMassachusetts Supreme Judicial Court · 1874
- Forbis v. InmanOregon Supreme Court · 1892
- Tracy v. WatersMassachusetts Supreme Judicial Court · 1895
- Yost v. Board of County CommissionersSupreme Court of Minnesota · 1879
3Cited by11 opinions
- State v. FunkOregon Supreme Court · 1921
- SW OR. PUB. DEF. SERVICES v. Dept. of Rev.Oregon Supreme Court · 1991
- Hoskins v. Powder Land & Irr. Co.Oregon Supreme Court · 1918
- Southwestern Oregon Public Defender Services, Inc. v. Department of RevenueOregon Supreme Court · 1991
- Jole v. BredbennerCourt of Appeals of Oregon · 1989
6 more not listed; retrieve them via the Exa API.