Gary Coast Agency, Inc. v. Lawrey
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This is an action brought by the plaintiff on a note for $233. After denying everything in the complaint except as stated in the answer, the defendant contends that the note was given in part payment of the initial installment demanded by the plaintiff as part of the purchase price of a motor-truck.
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From Marion: George G. Bingham, Judge. Department 1. This is an action brought by the plaintiff on a note for $233. After denying everything in the complaint except as stated in the answer, the defendant contends that the note was given in part payment of the initial installment demanded by the plaintiff as part of the purchase price of a motor-truck. He says in substance that he purchased the truck from the plaintiff for the purpose, well known to the latter, of using it in the dray and transfer business operated by the defendant; that the plaintiff warranted the truck to be suitable for…
1Opinion of the CourtBurnett, C. J.
1. It is contended that the court changed the transcript of testimony so as to render futile the motion of the plaintiff to require the defendant to elect whether he was defending on the ground of fraud or breach of warranty. The bill of exceptions appearing in the record is to the effect that after the jury was impaneled, the attorney for plaintiff moved that the defendant state upon what theory he elected to proceed, and that the attorney for the defendant said, “This will be on the basis of a defense at law of fraud and deceit and breach of warranty.” No ruling of the court was called for,…
2Cases cited3 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Goulds v. BrophySupreme Court of Minnesota · 1889
- Miller v. HirschbergOregon Supreme Court · 1895
3Cited by12 opinions
- Rogue River Management Co. v. ShawOregon Supreme Court · 1966
- McCargar v. WileyOregon Supreme Court · 1924
- Benson v. BirchOregon Supreme Court · 1932
- Wells v. Oldsmobile Co.Oregon Supreme Court · 1934
- Robinson v. CableOregon Supreme Court · 1923
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