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29 Or. 535

Daly v. Larsen

Oregon Supreme Court

Decided September 21, 1896

Oregon Supreme Court · decided 1896-09-21

From Multnomah: E. D. Shattuck, Judge. The complaint herein contains twenty-seven separate causes of action, all similarly stated. The defense to each . of said causes set up in the answer is also of a like nature, so that it will only be necessary to an understanding of the case to summarize the pleadings of a single cause.

Relies on Moody v. Richards · Drainage Dist. No. 4 v. Crow · Jameson v. Coldwell

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1896-09-21

How this case has been cited

Cited by 8 later decisions — most recently October 1914

8 state decisions

50189619001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Wolverton.

¶2There is but one question in the case, and that is do the findings support the judgment? We think not. The several causes of action are for work and labor done and performed at the instance and request of the defendant, and the statement of each *538contains all the allegations necessary to a recovery upon an implied contract. These were all controverted by the answer, and the findings of fact should have been as broad as the material issues made by the pleadings: Drainage District Number Four v. Crow, 20 Or. 535; Pengra v. Wheeler, 24 Or., at page 539; Jameson v. Coldwell, 25 Or. 199; and Moody v. Richards, 29 Or. 282 (45 Pac. 777). The court below seems to have treated the action as based upon the so-called time checks, and finds that they were duly issued, etc., hut the plaintiff does not count upon these checks. They are evidence of indebtedness, and no doubt arose out of the transactions which plaintiff sets up, yet it is not deducible from the fact of their issuance that the alleged work and labor was done and performed, or that it was. so performed at the instance of defendant, all which plaintiff was called upon to prove in establishing the implied contract to pay the reasonable worth of such services, as well as to produce evidence from which its value might be determined. These are facts to be established in invitum, and it was therefore incumbent' upon the court below to make its findings respecting them so that the law may be applied and judgment entered accordingly. Let an order be entered reversing the judgment, and remanding the cause for further proceedings.

¶3Reversed.

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