Madden v. Welch
Oregon Supreme Court
From Malheur: George E. Davis, Judge. Statement by Mr. Chief Justice Bean. This is an action by J. E. Madden against Frank Welch, which was originally commenced in a justice’s court.
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From Malheur: George E. Davis, Judge. Statement by Mr. Chief Justice Bean. This is an action by J. E. Madden against Frank Welch, which was originally commenced in a justice’s court. The complaint, omitting the formal parts, alleges: “That between the 1st day of January, 1900, and the 25th day of February, 1905, plaintiff furnished defendant horse feed, consisting of hay and grain, and care and attention for defendant’s horses, consisting of feeding and stabling said defendant’s horses, to the reasonable amount of $52.68; that plaintiff has often demanded payment of said sum from defendant,…
1Opinion of the Court
Mr. Chiee Justice Bean
delivered the opinion.
The only point made on this appeal is that the complaint does not state facts sufficient to constitute a cause of action, because it does not allege either a request by the defendant to plaintiff to furnish the horses feed, etc., or a promise to pay for the same. But this is a mere defective statement of a cause of action, and was cured by the verdict. A verdict will cure an imperfect statement, or the omission of formal allegations, although it will not supply a total omission to state some fact essential to the cause of action. The rule is that…
2Cases cited4 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Houghton & Palmer v. BeckOregon Supreme Court · 1881
- Aiken v. CoolidgeOregon Supreme Court · 1885
- Gschwander v. CortOregon Supreme Court · 1890
3Cited by7 opinions
- Hoskins v. ScottOregon Supreme Court · 1908
- Duby v. HicksOregon Supreme Court · 1922
- Lindstrom v. National Life Ins.Oregon Supreme Court · 1917
- Ruth v. FenchelNew Jersey Superior Court Appellate Division · 1955
- Hornefius v. WilkinsonOregon Supreme Court · 1908
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