Turk v. Botsford
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. Complaining as partners, the plaintiffs, John Turk, T. J. Hopkins, James McGlothlin and James W. Turk, allege that the defendant, F. L. Botsford, representing himself to be the agent of a certain corporation, employed them to go from Portland to Coos County, there to manufacture railroad ties from timber located in that county.
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From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Burnett. Complaining as partners, the plaintiffs, John Turk, T. J. Hopkins, James McGlothlin and James W. Turk, allege that the defendant, F. L. Botsford, representing himself to be the agent of a certain corporation, employed them to go from Portland to Coos County, there to manufacture railroad ties from timber located in that county. The essence of their grievance is contained in these allegations: "That in order to induce said plaintiffs to enter upon and undertake such employment, and in order to induce them…
1Opinion of the CourtJustice Burnett
After declaring that in fact the defendant made the representations substantially as stated in the complaint, the court made the following findings:
*201“That each and all of said representations and statements so made by said defendant were and are false and wholly untrue; that said defendant made said representations and statements carelessly and negligently and in reckless disregard of whether they were true or false; that each and all of said plaintiffs believed said statements so made by defendant to be true; that in making said statements and representations defendant intended to deceive and…
2Cases cited1 opinion
- Boelk v. NolanOregon Supreme Court · 1910
3Cited by6 opinions
- Horner v. WagyOregon Supreme Court · 1944
- Haserot v. KellerCalifornia Court of Appeal · 1924
- Ward v. JensonOregon Supreme Court · 1918
- Smith v. AndersonOregon Supreme Court · 1914
- Otis & Co. v. TealSupreme Court of Colorado · 1923
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