Fischer v. Howard

I dissent from the decision of the court as to the verdict on the first cause of action on the authority of Klein v. Miller, 159 Or 27, 77 P2d 1103, 116 ALR 820 (1938); McLean v. Sanders, 139 Or 144, 7 P2d 981 (1932); and Goyne v. Tracy, 94 Or 216, 185 P 584 (1919). This decision overrules not merely Klein, but all three of the cited cases. It holds that the verdict upon the first cause of action “must, be read as for the defendant”. Klein and McLean hold that in an action for the recovery of money a verdict which finds *465for the plaintiff and assesses damages at no dollars is neither a verdict…