Johnson v. Stillwell
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Bane. This is an action for damages for the breach of a contract. There are two causes of action set out in the complaint.
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From Union: John W. Knowles, Judge. In Bane. This is an action for damages for the breach of a contract. There are two causes of action set out in the complaint. The first recites an agreement between plaintiff and defendant whereby they were to-winter their livestock together during the season of 1917-18, which was done, and that under the terms of the contract, defendant is still indebted to plaintiff in the sum of $254.88. The second cause of action recites that on May 1, 1917, plaintiff delivered to defendant 186 big cattle and 39 branded calves to be by him safely and securely grazed…
1Opinion of the CourtBenson, J.
The first assignment of error is based upon the following recital in the bill of exceptions :
“Townley was called as a witness .on behalf of plaintiff and testified that he had 183 head of cattle on this range in 1917 which were mingled with plaintiff’s, and being ashed if defendant agreed to return his cat-*214tie or pay the value thereof if not returned on demand and to state the terms of such agreement as to said guaranty,_ if any, to which question the defendant objected as incompetent, irrelevant and immaterial, and the objection was sustained by the court and an exception was duly allowed.”
Th…
2Cases cited5 opinions
- Vanbebber v. PlunkettOregon Supreme Court · 1895
- Kelley v. HighfieldOregon Supreme Court · 1887
- Pilson v. Tip-Top Auto Co.Oregon Supreme Court · 1913
- Pudas v. MattolaMichigan Supreme Court · 1912
- Mowrey v. BoutonOregon Supreme Court · 1916
3Cited by2 opinions
- Eimco-Bsp Service Company v. Valley Inland Pacific Constructors, Inc.Court of Appeals for the Ninth Circuit · 1980
- Eimco-Bsp Service Company v. Valley Inland Pacific Constructors, Inc.Court of Appeals for the Ninth Circuit · 1980