Major Creek Lum. Co. v. Johnson
Oregon Supreme Court
From Multnomah: William N. G-atens, Judge. In Banc. This is an action to recover damages for breach of a contract to deliver logs to plaintiff, a Washington corporation, at Dorr, Klickitat County, Washington. Defendants interposed a plea in abatement, alleging that plaintiff was transacting business in the State of Oregon without first complying with the statutory requirements regulating foreign corporations.
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From Multnomah: William N. G-atens, Judge. In Banc. This is an action to recover damages for breach of a contract to deliver logs to plaintiff, a Washington corporation, at Dorr, Klickitat County, Washington. Defendants interposed a plea in abatement, alleging that plaintiff was transacting business in the State of Oregon without first complying with the statutory requirements regulating foreign corporations. Before any testimony was taken in support of this plea, plaintiff objected to the introduction of any evidence, on the ground that the plea did not state facts sufficient to constitute…
1Opinion of the CourtBean, J.
Plaintiff’s first assignment of error relates to the overruling of the motion to reject the evidence on account of the insufficiency of the plea in abatement. The facts set forth in the plea in. abatement are very general and might be termed a conclusion of fact. It is not indicated in any way what kind of business the plaintiff was transacting in the State of Oregon, so that plaintiff could prepare a defense. Neither could the court determine therefrom whether the business alleged to have been transacted was interstate or intrastate commerce. All of the facts relating to the transactions of…
2Cases cited35 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
- John Deere Plow Co. v. WylandSupreme Court of Kansas · 1904
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