O. C. Gove & Co. v. Island City Mercantile & Milling Co.
Oregon Supreme Court
Appeal from Union county: Jas. A. Fee, judge. The material portion of the complaint is as follows: “That heretofore, to wit, between the first day of May, 1886, and the first day of January, 1887, at Union county, State of Oregon, the plaintiffs, at the special instance and request of the defendant, and for its use and benefit, furnished a large amount of material and machinery in, about and for tbe rebuilding, construction and repair of a certain flouring mill of the…
Read the full summary
Appeal from Union county: Jas. A. Fee, judge. The material portion of the complaint is as follows: “That heretofore, to wit, between the first day of May, 1886, and the first day of January, 1887, at Union county, State of Oregon, the plaintiffs, at the special instance and request of the defendant, and for its use and benefit, furnished a large amount of material and machinery in, about and for tbe rebuilding, construction and repair of a certain flouring mill of the defendant, and, at its special instance and request, between said dates, did and performed a large amount of work and labor…
1Opinion of the CourtStrahan, J.
Upon the trial in the court below exceptions were taken to each of the foregoing instructions and also to the refusal of the qourt to give the instruction asked by the appellants. The correctness of these rulings presents the only question necessary to be considered on this appeal. The instructions given by the court practically present but one question, and that is, whether or not, where a mechanic or builder binds himself by a written contract to erect or repair a building or machinery, and he performs, not literally according to the terms of the contract, but still in such a manner as to…
2Cases cited11 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Woodward v. . FullerNew York Court of Appeals · 1880
- Allen v. McKibbinMichigan Supreme Court · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Wasserburger v. American Scientific Chemical, Inc.Oregon Supreme Court · 1973
- Benedict v. PfunderSupreme Court of Minnesota · 1931
- Murray's EstateOregon Supreme Court · 1910
- Richardson v. Investment Co.Oregon Supreme Court · 1913
11 more not listed; retrieve them via the Exa API.