Bartel v. Mathias
Oregon Supreme Court
Appeal from Multnomah'county: E.D. Shattuck, judge. This was an action brought by the plaintiff for services as the general agent of the defendant on an agreement made about the first of April, 1878, to take charge of his property and business, and to act generally as such in the payment of his taxes and insurance, in procuring loans, in leasing and selling and caring for his property, etc.
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Appeal from Multnomah'county: E.D. Shattuck, judge. This was an action brought by the plaintiff for services as the general agent of the defendant on an agreement made about the first of April, 1878, to take charge of his property and business, and to act generally as such in the payment of his taxes and insurance, in procuring loans, in leasing and selling and caring for his property, etc. The complaint alleges that the plaintiff fully complied with all the conditions of said agreement and that ha forthwith entered upon such service, and remained in the employment of the defendant until…
1Opinion of the CourtLord, J.
(after stating the facts), delivered the opinion of the court.
The items of plaintiff’s claim for services under his alleged contract extend from the year 1878 to 1888, and as this action was commenced in 1889, unless the payment of $50 found by the referee to have been made in July, 1887, was a part payment of all such indebtedness embraced in such items, it is not disputed that the claim is barred by the statute of limitations. For the plaintiff it was argued that his whole claim was based on an entire contract and that the statute of limitations did not begin to run until the completion of…
2Cases cited3 opinions
- Davis v. . GortonNew York Court of Appeals · 1857
- Matter of Application of GardnerNew York Court of Appeals · 1886
- Mims' Executors v. SturtevantSupreme Court of Alabama · 1850
3Cited by13 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Crampton v. LoganIndiana Court of Appeals · 1902
- Flegel v. KossOregon Supreme Court · 1906
- Fenstermacher v. StateOregon Supreme Court · 1890
- Boynton v. SalingerSupreme Court of Iowa · 1910
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