Stewart v. Spalding

OPINION OP THE COURT BY

KEMP, J.

This case comes before this court upon writ of error to the circuit court of the first judicial circuit to review certain errors alleged to have been made during the trial of said cause. The plaintiffs in error were the plaintiffs in an action of assumpsit tried in the circuit court with a jury. The complaint contains four counts. The first count is upon a contract in writing bearing date the 29th day of July, 1909, and alleged to have been modified by certain letters dated August 3 and 10, 1909, for *163the construction of a building at Portland, Oregon, a balance…