Pioneer Hardware Co. v. Farrin
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice • Moore. This is an action by the Pioneer Hardware Co., a corporation, against Geo. N. Farrin, to recover money.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice • Moore. This is an action by the Pioneer Hardware Co., a corporation, against Geo. N. Farrin, to recover money. The complaint alleges in effect that at all times stated therein the plaintiff was and is a duly organized corporation; that in the year 1906, at the special instance and request of the defendant, it sold and delivered to him goods, wares, and merchandise, and also performed for him labor and services, of the reasonable value of $195.11 and $44.90, respectively, no part of which had been paid, except $50 on account…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. It is contended that the averments- of the reply, which were challenged by the motion, constitute a departure from the cause of action set forth in the complaint, and, such being the case, an error was committed in refusing to strike out the paragraph so assailed. When an answer sets forth facts forming a defense or counter-claim, the reply thereto may state any new matter, not inconsistent with the complaint, controverting such defense or counter-claim. Section 77, B. & C. Comp. Though the facts constituting the cause of action relied
*593upon must be stated…
2Cases cited17 opinions
- State v. KlineOregon Supreme Court · 1907
- Savage v. SavageOregon Supreme Court · 1908
- Kraner v. HalseyCalifornia Supreme Court · 1889
- Leavengood v. McGeeOregon Supreme Court · 1907
- State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Gynther v. Brown & McCabeOregon Supreme Court · 1913
- Tracy & Baker v. City of AstoriaOregon Supreme Court · 1951
- Goodwin v. TuttleOregon Supreme Court · 1914
- Morford v. California-Western States Life InsuranceOregon Supreme Court · 1939
5 more not listed; retrieve them via the Exa API.