Cooley v. Snake River Imp. Co.
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. The plaintiff, George E. Cooley, had a written contract with the Snake River District Improvement Company, a corporation, for the construction and installation of a pumping plant for irrigation purposes, and now claims compensation for extras furnished under the terms of the agreement after having been paid, as he alleges, for the principal work specified by the delivery to him of certain coupon bonds of…
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From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice Burnett. The plaintiff, George E. Cooley, had a written contract with the Snake River District Improvement Company, a corporation, for the construction and installation of a pumping plant for irrigation purposes, and now claims compensation for extras furnished under the terms of the agreement after having been paid, as he alleges, for the principal work specified by the delivery to him of certain coupon bonds of the defendant. The execution of the instrument is admitted, but the defendant alleges as a counterclaim damages for faulty…
1Opinion of the CourtJustice Buenett
The defendant argues that the question of faulty construction was not involved in the Idaho suit, and that it is privileged to litigate that question in counter*387claim against the plaintiff’s demand for extra work. On the other hand, the plaintiff urges that his right to receive the bonds depended upon his showing completion of the undertaking according to its terms; that the defendant was bound to put in all grounds of its opposition to their delivery in the interpleader suit; and that, having alleged damages for failure to finish the plant in the time required, it cannot now allege another…
2Cases cited6 opinions
- Furgeson v. JonesOregon Supreme Court · 1888
- Blackwood v. Van VleitMichigan Supreme Court · 1874
- City of San DiegoCalifornia Supreme Court · 1894
- Hempstead v. EastonSupreme Court of Missouri · 1862
- Gardner v. SharpU.S. Circuit Court for the District of New Jersey · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dillard v. McKnightCalifornia Supreme Court · 1949
- Hickey v. JohnsonCourt of Appeals for the Eighth Circuit · 1925
- Short v. ThompsonIdaho Supreme Court · 1936
- Stillwell v. HillOregon Supreme Court · 1917
- Ponce v. Tractor Supply Co.California Court of Appeal · 1972
3 more not listed; retrieve them via the Exa API.