Nicholson v. Jones

This was an action to recover damages for breach of a contract to sell and deliver logs. Plaintiff, purchaser in the contract, had a verdict and judgment from which the defendant has appealed. There is no bill of exceptions, and we are therefore limited in our consideration of the case to the question of the sufficiency of the pleadings. St. Clair v. Jelinek, 187 Or 151, 157, 210 P2d 568, and cases there cited; Bridges v. Multnomah County, 92 Or 214, 216, 180 P 505.

The amended complaint on which the case was tried contains three causes of action, but it is only the first cause of action which…