Jetmore v. Anderson
Oregon Supreme Court
From Lake: J. M. Batchelder, Judge. In Banc. Defendant appeals from a judgment of the Circuit Court dismissing an appeal by defendant from a judgment of the Justice’s Court in favor of plaintiff as for want of an answer.
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From Lake: J. M. Batchelder, Judge. In Banc. Defendant appeals from a judgment of the Circuit Court dismissing an appeal by defendant from a judgment of the Justice’s Court in favor of plaintiff as for want of an answer. Plaintiff alleged in his complaint in effect, that he is an attorney; and that defendant is indebted to plaintiff in the sum of $150, an account for services of plaintiff as attorney of defendant, rendered between certain dates, at the special instance and request of defendant, for which defendant promised and agreed to pay plaintiff, no part of which has been paid. Defendant…
1Opinion of the CourtBean, J.
1. The plaintiff’s complaint does not allege that defendant promised to pay plaintiff any specified sum for the alleged services and contains no allegation of the reasonable value of the same. The agreement of defendant to pay is denied by the *255answer, which, consists of a general denial of the gist of the complaint except as to the rendition of certain services. The motion to make more definite and certain is directed to the further and separate answer. This left the denials of the answer intact and raised a material issue. Neither the main answer nor the further and separate answer were…
2Cases cited3 opinions
- Willis v. HolmesOregon Supreme Court · 1895
- Pacific Mill Co. v. InmanOregon Supreme Court · 1907
- Stocklen v. BarrettOregon Supreme Court · 1911
3Cited by1 opinion
- Tofte v. RobesonOregon Supreme Court · 1977