Dahlstrom v. Hudelson
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by O. P. Dahlstrom, as administrator of the estate of John A. Landberg, deceased, for money had and received.
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From Union: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Bean. This is an action by O. P. Dahlstrom, as administrator of the estate of John A. Landberg, deceased, for money had and received. "This controversy arose out of the following facts: On December 2, 1912, John Landberg, the plain tiff’s intestate, and three others entered into a contract with the Metzler-Hegsted Lumber Company to sell to it the timber growing on their respective tracts near North Powder, Oregon. This agreement contained various provisions relating to the terms of payment, the time in which to complete the…
1Opinion of the CourtJustice Bean
1, 2. Exceptions were taken by defendant’s counsel to the charge of the trial court, which involves a construction of the contracts under which the transactions took place. As we understand the record, this is the main error complained of, and the only one upon which we are required to pass. The gist of the charge to the jury was that the.Eadford Lumber Company had a right to pay the plaintiff for the stumpage and labor *523performed under the contract with the Metzler-Hegsted Lumber Company, or for the logs.
It was the duty of the trial court to advise the jury as to the meaning of the written…
2Cases cited3 opinions
- Baker County v. HuntingtonOregon Supreme Court · 1906
- Chadwick v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
- Oregon R. & N. Co. v. CoolidgeOregon Supreme Court · 1911
3Cited by1 opinion
- Hume v. MearsOregon Supreme Court · 1918