Sykes v. Sperow
Oregon Supreme Court
From Multnomah: John P. Kavanatjgh, Judge. Department 2. The plaintiff, who is a contractor, took the contract for building an office building at La Grande, Oregon. He subcontracted the cement work and the plastering to the defendant, Sperow, at the agreed price of $1,300. One of the conditions of this subcontract, was that Sperow was to protect the plaintiff against all future liens and claims of like nature.
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From Multnomah: John P. Kavanatjgh, Judge. Department 2. The plaintiff, who is a contractor, took the contract for building an office building at La Grande, Oregon. He subcontracted the cement work and the plastering to the defendant, Sperow, at the agreed price of $1,300. One of the conditions of this subcontract, was that Sperow was to protect the plaintiff against all future liens and claims of like nature. To secure the plaintiff on this contract, the said defendant, Sperow, furnished plaintiff a surety bond, executed by himself and the defendant, the National Surety Company. This bond…
1Opinion of the CourtBennett, J.
It is our judgment that the motion for nonsuit should have been denied.
1, 2. We might place our conclusion in this regard upon the presumption that the agent had performed his duty and actually forwarded the notices to the home office. In Dight v. Chapman, 44 Or. 278 (75 Pac. 589, 65 L. R. A. 793), the court in discussing the rule, that notice to agent is notice to his principal, says:
“The reason for this rule is based on the theory that it is incumbent on the agent to impart to his principal, all information that he may obtain which would affect his interest; and by invoking the presumption…
2Cases cited23 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- German Insurance v. GraySupreme Court of Kansas · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fitzgerald v. NealOregon Supreme Court · 1924
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Bird v. Central Manufacturers Mutual InsuranceOregon Supreme Court · 1941
- Johnson v. Prudential Life InsuranceOregon Supreme Court · 1926
- Hinkson v. Kansas City Life Ins.Oregon Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.