Holland v. Rhoades
Oregon Supreme Court
From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Slater. S. M. Holland, the plaintiff herein contracted with defendant, C. Rhoades, to erect for him three one-story, five-room cottages of like design, at the agreed price of $1,177.25 each. He entered upon the execution thereof by beginning the erection of one cottage. Thereafter, on April 18, 1907, the terms of the contract were reduced to writing, and signed by the parties.
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From Washington: Thomas A. McBride, Judge. Statement by Mr. Justice Slater. S. M. Holland, the plaintiff herein contracted with defendant, C. Rhoades, to erect for him three one-story, five-room cottages of like design, at the agreed price of $1,177.25 each. He entered upon the execution thereof by beginning the erection of one cottage. Thereafter, on April 18, 1907, the terms of the contract were reduced to writing, and signed by the parties. Plaintiff now sues to recover damages for breach of contract by the defendant, who, it is alleged, on the 20th day of April, 1907, prevented and…
1Opinion of the CourtJustice Slater
1. But two questions are presented for decision. The first arose upon a refusal of the court to permit defendant to state the terms of the contract for the construction of the cottages, to the effect that their mutual understanding was that plaintiff was to proceed with the construction of one house until it was. inclosed, with the privilege of constructing the other two at defendant’s election. This was not within the issue made by the pleadings.
2. By the contract alleged in the complaint and admitted by the answer, plaintiff had the right to erect, and defendant was bound to take and pay…
2Cases cited1 opinion
- Seanor & Bierer v. McLaughlinSupreme Court of Pennsylvania · 1895
3Cited by5 opinions
- Moss v. Best Knitting MillsSupreme Court of North Carolina · 1925
- Edwards v. MuriMontana Supreme Court · 1925
- Armstrong v. WheelerWashington Supreme Court · 1915
- Wade v. BartekWashington Supreme Court · 1948
- Fairbanks, Morse & Co. v. MillerSupreme Court of Oklahoma · 1921