Sutton v. Clarke
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Action by B. B. Sutton against W. B. Clarke and J. L.Baker, doing business as Clarke & Baker.
1Opinion of the CourtJustice Bean
This is the second appeal in this case. It was reversed and remanded for a new trial because some of the material issues *526were not passed upon by. the referee and trial court: 40 Or. 508 (67 Pac. 742). A retrial was had without the intervention of a jury, by stipulation of the parties, upon the evidence taken at the first hearing, and from the judgment thereon the defendants again appeal.
Two questions are presented for decision: (1) Do the findings of fact cover the issue as to whether the amount claimed in the second cause of action was due at the time the complaint was filed? (2). Are the…
2Cases cited2 opinions
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Sutton v. ClarkeOregon Supreme Court · 1902
3Cited by3 opinions
- Israel v. MILLEROregon Supreme Court · 1958
- Reynolds v. Blackwell Lumber Co.Idaho Supreme Court · 1940
- State v. McDonaldOregon Supreme Court · 1909