Holmes v. Page
Oregon Supreme Court
Appeal from Umatilla county: Jas. A. Fee, judge. This is an action on account stated in -which -the defendants as husband and wife were sued jointly. The defendant Thomas P. Page made default, but his wife, the defendant Frances E. Page, answered for herself only. Upon issue being joined, after a trial, a verdict and judgment was rendered against the defendant Frances E. Page for the amount demanded, from which the present appeal is taken
1Opinion of the CourtLord, J.
The balance on the account stated is alleged to have been due on an account for goods sold and delivered to the defendants for family use, but the record discloses that no accounting ever took place between the plaintiff and the defendant Prances E. Page in which a balance was found due which she agreed to pay. The action is not based upon the original indebtedness for goods sold and delivered by the plaintiff to the defendants for family use, but on an accounting which was had between the plaintiff and the husband of Frances E. Page, in which a balance was found due ■ in the sum named, which…
2Cases cited3 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Truman, Hooker, & Co. v. OwensOregon Supreme Court · 1889
3Cited by15 opinions
- Martin v. HeinzeMontana Supreme Court · 1904
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
- Crawford v. HutchinsonOregon Supreme Court · 1901
- Fleischner, Mayer & Co. v. KubliOregon Supreme Court · 1891
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