McDonald v. Supple
Oregon Supreme Court
From Multnomah.: John P. Kavanaugh, Judge. Department 2. This is an action at law, begun by Eobert Wake-field April 17, 1914, in which he set up a cause of action based on a written contract entered into between plaintiff and defendant, and upon an express oral modification of the written contract. The agreement in question required plaintiff to erect and assemble the TJ.
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From Multnomah.: John P. Kavanaugh, Judge. Department 2. This is an action at law, begun by Eobert Wake-field April 17, 1914, in which he set up a cause of action based on a written contract entered into between plaintiff and defendant, and upon an express oral modification of the written contract. The agreement in question required plaintiff to erect and assemble the TJ. S. Engineers’ dredge-hulls, “Multnomah” and “Wakiakum,” defendant to furnish the materials and to pay plaintiff $15 per ton for every ton of hull material erected and put together, and $7.50 per ton for the assembling of the…
1Opinion of the CourtBean, J.
Error is predicated, first, upon the amendment of the complaint; second, in refusing to grant the motion to strike out paragraph VII of the amended complaint; also in denying defendant’s motion for a nonsuit. These assignments of error raise practically the same question. It will be noticed that in the original complaint plaintiff alleged that it was agreed in writing that he should perform certain services for defendant for a certain fixed compensation, and that by a subsequent and supplemental oral agreement between plaintiff and defendant the defendant agreed to pay plaintiff for his…
2Cases cited14 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Zimmerle v. ChildersOregon Supreme Court · 1913
- Mallory v. City of OlympiaWashington Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hurst v. Lake Co., Inc.Oregon Supreme Court · 1932
- City of Portland Ex Rel. Donohue & Fleskes Corp. v. Hoffman Construction Co.Oregon Supreme Court · 1979
- Richardson v. Investment Co.Oregon Supreme Court · 1928
- Sisters of St. Joseph of Peace, Health, & Hospital Services v. RussellOregon Supreme Court · 1994
- Barmeier v. Oregon Physicians' ServiceOregon Supreme Court · 1952
9 more not listed; retrieve them via the Exa API.