Meier & Frank Co. v. Mitlehner
Oregon Supreme Court
From Miiltnomali: William N. G-atens, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by the Meier & Frank Company against Albert M. Mitlehner and Jane Doe Mitlehner, his wife, to recover money.
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From Miiltnomali: William N. G-atens, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by the Meier & Frank Company against Albert M. Mitlehner and Jane Doe Mitlehner, his wife, to recover money. The complaint alleges in effect that the plaintiff is a corporation, and the defendants are and at all the times stated were husband and wife, and as such constituted a family; that between March 27, 1913, and May 22d of that year the plaintiff, at the special instance and request of the defendants, sold and delivered to them, to be used in their family as necessaries, goods,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
It is contended that, without having called as witnesses any of the persons who made the original memoranda, errors were committed in receiving in evidence, over objection and exception, original sale slips, showing goods, wares and merchandise alleged to have been sold and delivered by the plaintiff to the defendants, as stated in the complaint. From an examination of these slips, it appears that the persons making sales, who are indicated by specified numbers, made pencil memoranda showing the articles sold, the value of each, their total worth, the name of…
2Cases cited21 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Connell v. McLoughlinOregon Supreme Court · 1895
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Swift v. MulkeyOregon Supreme Court · 1886
- Sorenson v. SmithOregon Supreme Court · 1913
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3Cited by5 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- State v. BoloffOregon Supreme Court · 1931
- Fatland v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1934
- Block v. LoveOregon Supreme Court · 1931
- Hammagren v. Wald Construction, Inc.Oregon Supreme Court · 1976