Sunnyside Land Co. v. Willamette Bridge Railway Co.
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The complaint in this action alleges substantially that on March 24,1888, plaintiff, being the owner of a tract of land in East Portland, known as Sunnyside, entered into a written contract with the defendant company for the construction, within four months from said date, and the operation for thirty years, from June 1, 1887, of a street railway from the foot of Morrison street, in the city of Portland, to said…
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Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The complaint in this action alleges substantially that on March 24,1888, plaintiff, being the owner of a tract of land in East Portland, known as Sunnyside, entered into a written contract with the defendant company for the construction, within four months from said date, and the operation for thirty years, from June 1, 1887, of a street railway from the foot of Morrison street, in the city of Portland, to said tract of land, and as a consideration for which, plaintiff was to pay to said defendant the sum of $10,000 and furnish the…
1Opinion of the CourtBean, J.
— The respondent’s counsel contends that the items going to make up plaintiff’s damages are so speculative, remote and uncertain as to form no basis for damages in this case, and therefore the complaint does not state a cause of action. If we concede that his premises are correct, the conclusion drawn by him does not follow. The complaint sets out a contract between the parties and avers a breach thereof by defendant. The demurrer admitting the truth of the complaint, the plaintiff is entitled to nominal damages at least, and this is sufficient on demurrer. (1 Suth. Dam. 759.) If the…
2Cases cited4 opinions
- Wisner v. BarberOregon Supreme Court · 1882
- Western Union Telegraph Co. v. HopkinsIndiana Supreme Court · 1874
- Wilson v. ClarkeSupreme Court of Minnesota · 1874
- Cowley v. DavidsonSupreme Court of Minnesota · 1865
3Cited by23 opinions
- Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
- Western Feed Co. v. HeidloffOregon Supreme Court · 1962
- Newman v. Sears, Roebuck & Co.North Dakota Supreme Court · 1950
- Hoskins v. ScottOregon Supreme Court · 1908
- Nicholson v. JonesOregon Supreme Court · 1952
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