Duniway v. Wiley
Oregon Supreme Court
From Multnomah.: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. This is an action broug-ht in the District Court of Multnomah County by plaintiff Ralph R. Duniway, an attorney at law, on an express contract entered into during the year 1903 between him and defendants Clarissa Wiley and Andrew C. Smith.
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From Multnomah.: George N. Davis, Judge. Department 2. Statement by Mr. Justice Bean. This is an action broug-ht in the District Court of Multnomah County by plaintiff Ralph R. Duniway, an attorney at law, on an express contract entered into during the year 1903 between him and defendants Clarissa Wiley and Andrew C. Smith. He alleges in his complaint that defendants, in conjunction with numerous property owners similarly situated, at that time employed him to contest “all proceedings that were being taken and might he taken in the future by the City of Portland to levy and collect…
1Opinion of the CourtJustice Bean
As stated, defendants admit the making of the contract for the rendition of the services of plaintiff, but allege that the compensation agreed to be paid therefor was less than the amount sued for. Without objection prior to the reception thereof, the plaintiff introduced evidence of the contract as claimed by him in the complaint, and of the successful prosecution of the suit to set aside the street assessment against the defendants’ property and the failure of payment for the agreed fees, except $10. It is contended on behalf of defendants that the contract was not to be performed within a…
2Cases cited4 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- McPherson v. CoxSupreme Court of the United States · 1878
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Bickel v. WessingerOregon Supreme Court · 1911
3Cited by10 opinions
- Mark Hopkins, Inc. v. California Employment CommissionCalifornia Supreme Court · 1944
- Kaiser Foundation Health Plan of the Northwest v. DoeCourt of Appeals of Oregon · 1995
- Sun Studs, Inc. v. Applied Theory Associates, Inc.Court of Appeals for the Federal Circuit · 1985
- Frontier Insurance Agency, Inc. v. Hartford Fire InsuranceOregon Supreme Court · 1972
- Sun Studs, Inc. v. Applied Theory Associates, Inc.Court of Appeals for the Federal Circuit · 1985
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