Slade v. Utah Construction Co.
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice McBride. This is an action by C. W. Slade and W. T. Davis against the Utah Construction Company, a corporation, to recover money alleged to be due upon contract. The facts are as follows: In 1907 the Northwestern Railroad Company was engaged in constructing a railroad near Huntington, Oregon.
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From Baker: William Smith, Judge. Statement by Mr. Justice McBride. This is an action by C. W. Slade and W. T. Davis against the Utah Construction Company, a corporation, to recover money alleged to be due upon contract. The facts are as follows: In 1907 the Northwestern Railroad Company was engaged in constructing a railroad near Huntington, Oregon. The contract for grading the line was let as a whole to the defendant, Utah Construction Company, which sublet various portions to other contractors. For the purpose of the contract, the road was divided into “sections” of one mile each, and…
1Opinion of the CourtJustice McBride
1. The statement of facts preceding this opinion goes largely into the testimony introduced by plaintiffs, because, if any evidence was introduced by plaintiffs rea*532sonably tending to support their theory of the case, it is conclusive on this court after' verdict. But in our opinion there is an entire absence of testimony tending to show an original contract with the Utah Construction Company. In its final analysis it amounts to this: G. W. Straw had a subcontract from the Utah Construction Company for constructing a certain portion of the grade of the Northwestern Railroad. Slade & Davis were…
2Cases cited3 opinions
- Mackey v. SmithOregon Supreme Court · 1892
- Balliet v. ScottWisconsin Supreme Court · 1873
- Miller v. LynchOregon Supreme Court · 1888
3Cited by3 opinions
- Masters v. BidlerOregon Supreme Court · 1921
- Anderson v. State Industrial Accident CommissionOregon Supreme Court · 1923
- Forster-Davis Motor Corp. v. AbramsSupreme Court of Oklahoma · 1936