Sund & Co. v. Flagg & Standifer Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Harris. This is an action by subcontractors against the principal contractor for a balance claimed to be due for construction work done on a logging railroad. The defendant The Flagg & Standifer Company, a corporation, contracted to build a logging railroad for the Silver Falls Timber Company.
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From Multnomah: George N. Davis, Judge. Department 1. Statement by Mr. Justice Harris. This is an action by subcontractors against the principal contractor for a balance claimed to be due for construction work done on a logging railroad. The defendant The Flagg & Standifer Company, a corporation, contracted to build a logging railroad for the Silver Falls Timber Company. The Flagg & Standifer Company subcontracted to the plaintiffs J. Sund, Joe Johnson, Carl Lundberg and Gust Sund, who are partners but are referred to in the record as station-men, the construction work between engineer’s…
1Opinion of the CourtJustice Harris
It will not be necessary to determine whether the cross-examination of the two witnesses, J. Sund and Carl Ness, developed the fact that both partnerships agreed to be bound by the estimates of the chief engineer, although we note in passing that Sund stated in unequivocal terms, on direct examination, that the writing was like the oral agreement, that they never had any contract except the written one, and that they never at any time agreed to be bound by the estimates of the chief engineer, and, on redirect examination, J. Sund who appears to have conducted the negotiations for the.…
2Cases cited10 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Armington v. StelleMontana Supreme Court · 1902
- Wheaton Roller-Mill Co. v. John T. Noye Manufacturing Co.Supreme Court of Minnesota · 1896
- American Contract Co. v. Bullen Bridge Co.Oregon Supreme Court · 1896
- Williams v. Mount Hood Ry. & Power Co.Oregon Supreme Court · 1910
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3Cited by18 opinions
- Heise v. Pilot Rock Lumber Co.Oregon Supreme Court · 1960
- Webster v. HarrisOregon Supreme Court · 1950
- Alford v. RowellNew Mexico Supreme Court · 1940
- Coker v. RicheyOregon Supreme Court · 1921
- Jarrett v. United States National BankCourt of Appeals of Oregon · 1986
13 more not listed; retrieve them via the Exa API.