Parker v. Jeffery
Oregon Supreme Court
Appeal from Multnomah: E. D. Shattuck, Judge. Action by Parker and Topping against Robertson Brothers and Jeffery & Bays to recover on a bond executed by the latter persons, and comes here on appeal from a judgment given in favor of plaintiffs for want of an answer, the defendants electing to stand by their demurrer to the complaint, which was overruled by the court.
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Appeal from Multnomah: E. D. Shattuck, Judge. Action by Parker and Topping against Robertson Brothers and Jeffery & Bays to recover on a bond executed by the latter persons, and comes here on appeal from a judgment given in favor of plaintiffs for want of an answer, the defendants electing to stand by their demurrer to the complaint, which was overruled by the court. From the complaint it appears that on November twenty-third, eighteen hundred and ninety-two, the defendants Robertson Brothers contracted in writing with the City of Portland to furnish the material and perform the labor…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
At the outset it may be well to observe that when the contract and bond in suit were executed the charter of the City of Portland contained no provision authorizing or requiring it to exact from contractors a stipulation to pay for labor and material used by them in the performance of their contracts; and while the absence of such a provision would not, perhaps, necessarily render the stipulation inoperative, (Knapp v. Swaney, 56 Mich. 345, 56 Am. Rep. 397, 23 N. W. 102,) yet, without it, the obligation of the defendants must be determined by the same rules as…
2Cases cited24 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Garnsey v. . RogersNew York Court of Appeals · 1872
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
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3Cited by51 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Hale v. GroceOregon Supreme Court · 1987
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Fidelity Deposit Co. of Baltimore, Md. v. RainerSupreme Court of Alabama · 1929
- Phez Co. v. Salem Fruit UnionOregon Supreme Court · 1921
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