Scales v. First State Bank
Oregon Supreme Court
From Multnomah: Calvin U. Gantbnbein, Judge. Department 1. Alice Scales brought this action against the First State Bank, a corporation, to recover the price of groceries, meats and other supplies. The plaintiff prosecuted the action on the theory that the goods were purchased by Harry J. Ewing as an agent of the defendant. The bank asserted that Ewing was an independent contractor.
Read the full summary
From Multnomah: Calvin U. Gantbnbein, Judge. Department 1. Alice Scales brought this action against the First State Bank, a corporation, to recover the price of groceries, meats and other supplies. The plaintiff prosecuted the action on the theory that the goods were purchased by Harry J. Ewing as an agent of the defendant. The bank asserted that Ewing was an independent contractor. At the conclusion of the testimony for the plaintiff the court allowed the defendant’s motion for a nonsuit and the plaintiff appealed from the consequent judgment. The defendant had caused to be cut, ricked and…
1Opinion of the CourtHarris, J.
Harry J. Ewing was the first witness called by the plaintiff. After asking a few preliminary questions the attorney for plaintiff handed the witness the written contract, signed by Ewing and the bank, and asked him to 1 ‘ state whether or not that is the agreement you said you made?” The witness answered thus: “Yes, sir; that is it”; and he subsequently added that he entered upon the work about April 15th ‘ ‘ under that agreement. ’ ’ The writing was *496offered in evidence by tbe plaintiff and received by tbe court and for the sake of brevity will be called Exhibit “A.” The bank contended, and…
2Cases cited24 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Miller v. Minnesota & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Pottorff v. Fidelity Coal Mining Co.Supreme Court of Kansas · 1912
- Macdonald v. O'ReillyOregon Supreme Court · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Woody v. WaibelOregon Supreme Court · 1976
- Bowser v. State Industrial Accident CommissionOregon Supreme Court · 1947
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Bentley v. JonesCourt of Appeals of Georgia · 1934
- Hutchinson-Moore Lumber Co. v. PittmanMississippi Supreme Court · 1929
14 more not listed; retrieve them via the Exa API.