Pacific Co. v. Cronan
Oregon Supreme Court
From Morrow: Gilbert W. Phelps, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by the Pacific Company, a corporation, against J. E. Cronan to recover commission for services in procuring a purchaser for bank stock.
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From Morrow: Gilbert W. Phelps, Judge. Department 1. Statement by Mr. Justice McBride. This is an action by the Pacific Company, a corporation, against J. E. Cronan to recover commission for services in procuring a purchaser for bank stock. The complaint, omitting formal matters, is substantially as follows: “I. That the Charles E. Walters Company at all times hereinafter mentioned was, is, and has been a corporation organized and existing under the laws of the State of Iowa, and having complied with all the laws of the State of Oregon with reference to nonresident corporation, and at all…
1Opinion of the CourtJustice McBride
1. The court did not err in submitting the case to the jury, as the defendant’s evidence tended in some degree to show that Meeker and the defendant never came to a final, definite agreement as to the terms of payment. While a defendant cannot amend upon the trial by introducing an entirely new cause of defense, we do not think the rule goes so far as to prohibit the amendment of what, in view of the facts in the case, was an obvious clerical error or oversight. At the time the deposition of the first witness for plaintiff was taken, which was several days before the trial, it must have been…
2Cases cited1 opinion
- Charlton v. ScovilleNew York Supreme Court · 1893
3Cited by7 opinions
- Bramwell v. RowlandOregon Supreme Court · 1927
- Merit v. LoseyOregon Supreme Court · 1952
- Putnam v. JenkinsOregon Supreme Court · 1955
- McFarland v. HuenersOregon Supreme Court · 1920
- Crim v. ThompsonOregon Supreme Court · 1924
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