Tharp v. Jackson
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Action by Ada Tharp against Aura D. Jackson, administratrix of the estate of C. S. Jackson, deceased, in which a judgment was rendered upon a verdict in favor of plaintiff, and defendant has appealed. Department 2. Statement by Mr. Justice Mc-Camant.
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From Douglas: James W. Hamilton, Judge. Action by Ada Tharp against Aura D. Jackson, administratrix of the estate of C. S. Jackson, deceased, in which a judgment was rendered upon a verdict in favor of plaintiff, and defendant has appealed. Department 2. Statement by Mr. Justice Mc-Camant. This is an action against defendant as administratrix of the estate of C. S. Jackson, deceased, brought to recover the sum of $2,161.53 alleged to be due plaintiff for services rendered the decedent between February 10, 1908, and December 23, 1913. Plaintiff alleges that between these dates she officiated…
1Opinion of the CourtJustice McCamant
1. Error is assigned on the admission of evidence over the defendant’s objection to the effect that an agreement was entered into between C. S. Jackson and plaintiff whereby he agreed to pay her $50 a month for her services, the entire payment to be made five years after she entered his services. This testimony is objected to on the ground that the action is based on *81quantum meruit and that evidence of a contract on the subject constitutes a variance. It is well settled in this jurisdiction that such testimony is admissible as material to the measure of damages: West v. Eley, 39 Or. 461, 465…
2Cases cited4 opinions
- Goltra v. PenlandOregon Supreme Court · 1904
- West v. EleyOregon Supreme Court · 1901
- Nelson v. DowgialloOregon Supreme Court · 1914
- Chamberlain v. TownsendOregon Supreme Court · 1914
3Cited by8 opinions
- Sargent v. FolandOregon Supreme Court · 1922
- Tot v. GongOregon Supreme Court · 1918
- Sinnock v. ZimmermanOregon Supreme Court · 1929
- Brackett, Exec. v. U.S. Nat. BankOregon Supreme Court · 1948
- Hunt v. Temco, Inc.Court of Appeals of Tennessee · 1969
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