Colbath v. Hoefer
Oregon Supreme Court
From Marion: George H. Burnett, Judge. The plaintiff for a cause of action sets up, in substance : That he is now, and has been during the times mentioned herein, the duly elected, qualified, and acting Sheriff of Marion County, Oregon; that defendants, who are co-partners, on or about the twenty-fourth day of September, 1902, received from him about one hundred and thirty-six bales of hops, in Marion County, Oregon, weighing 25,840 pounds, of the reasonable value of $6,460,…
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From Marion: George H. Burnett, Judge. The plaintiff for a cause of action sets up, in substance : That he is now, and has been during the times mentioned herein, the duly elected, qualified, and acting Sheriff of Marion County, Oregon; that defendants, who are co-partners, on or about the twenty-fourth day of September, 1902, received from him about one hundred and thirty-six bales of hops, in Marion County, Oregon, weighing 25,840 pounds, of the reasonable value of $6,460, for which they gave him a receipt in words and figures as follows: “G. Muecke, v. Ah Lee. Champoeg, Sept. 24, 1902.…
1Opinion of the CourtJustice Wolverton
The questions presented by this record are novel and of first impression in this court. The action is in the nature of assumpsit, to recover damages for a breach of contract, and the primary question presented is whether the complaint states facts sufficient to constitute a cause of action. The objection coming, as it does, after answer, the .test will be, as frequently announced by this court, whether *369the complaint will support a verdict. The specific objections made to it are (1) that it does not state who was the owner of the hops at the time, or what right or interest, if any, the…
2Cases cited14 opinions
- Cornell v. . DakinNew York Court of Appeals · 1868
- Burk v. WebbMichigan Supreme Court · 1875
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
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3Cited by2 opinions
- Cramer v. Kincaid & King Const. Co.District Court, D. Alaska · 1951
- Investment Service Co. v. O'BRIEN AND WEST COAST TERMINALS, INC.Oregon Supreme Court · 1950