Purdy v. Van Keuren
Oregon Supreme Court
From Grant: George E. Davis, Judge. Statement by Mr. Justice McBride. This is an action by Jesse T. Purdy against Judson H. Van Keuren to recover for labor and services.
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From Grant: George E. Davis, Judge. Statement by Mr. Justice McBride. This is an action by Jesse T. Purdy against Judson H. Van Keuren to recover for labor and services. The complaint alleges, in substance, that, on or about January 14, 1907, plaintiff performed labor and services for defendant in Grant County, Oregon, and that defendant promised to pay therefor $200, and has not paid the same, nor any part thereof, and concludes with a prayer for judgment for $200, with interest at 6 per cent, from January 14, 1907. The answer denies each and every material allegation of the complaint,…
1Opinion of the CourtJustice McBride
1, 2. The validity of defendant’s objections to the ruling of the court excluding certain portions of his evidence hinges upon a single proposition. Could he, after pleading an accord and satisfaction, as is done here, introduce evidence tending to show that plaintiff’s services were rendered gratutiously ? It will be seen that defendant does not positively deny any specific allegation of the complaint. He denies only such as he deems material, and these only in so far as they are not referred to in the answer. In other words, he says:
“The contract- was not as plaintiff states it, but as I…
2Cited by4 opinions
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- Mabey v. O'ConnorUtah Supreme Court · 1928