Davis v. W. H. Puckett Co.

Two causes are set forth in plaintiff’s amended complaint. The first is based upon an alleged partial performance of an alleged contract by plaintiff to furnish defendant three trucks and the necessary drivers required in hauling materials for certain road work on that part of the Santiam highway extending from Detroit, Oregon, south a distance of approximately ten miles.

The second is based upon an alleged breach by defendant of said alleged contract in preventing a full performance thereof on plaintiff’s part.

Four assignments of error are argued. The first assignment urges that the trial…