Lemler v. Bord
Oregon Supreme Court
From Klamath: George Nolan, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is an action by Henry C. Lemler against Rex E. Bord to recover money.
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From Klamath: George Nolan, Judge. Department 2. Statement by Mr. Chief Justice Moore. This is an action by Henry C. Lemler against Rex E. Bord to recover money. The defendant prepared duplicate copies of an agreement which they signed' wherein it was stipulated that; except for the use of certain implements to be supplied by the defendant, the plaintiff would furnish all the necessary machinery and a sufficient number of men and teams to cut, haul and stack in a workmanlike manner and with due diligence the hay crop upon the defendant’s premises in Klamath County, Oregon, in the season of…
1Opinion of the Court
*227Opinion by
Mr. Chief Justice Moore.
1, 2. It is contended that errors were committed in receiving, over objection and exception, any testimony tending to substantiate the second cause of action, and in denying a motion to instruct the jury to find for the defendant as to that cause. It is argued that the part of the writing hereinbefore quoted, which contains the only reference to the baling of any hay, is nothing more than the plaintiff’s proposal, which offer was not accepted by the defendant, and hence the second cause of action has no foundation upon which a judgment can rest. We are…
2Cases cited4 opinions
- Eyser v. WeissgerberSupreme Court of Iowa · 1856
- Corbitt & Macleay v. Salem Gaslight Co.Oregon Supreme Court · 1877
- Gardner v. KinneyOregon Supreme Court · 1911
- McCamant v. OlcottOregon Supreme Court · 1916
3Cited by14 opinions
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Spencer v. BalesOregon Supreme Court · 1923
- Pacific Pines Construction Corporation v. YoungOregon Supreme Court · 1970
- Burdick v. Tum-A-Lum Lumber Co.Oregon Supreme Court · 1920
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