|
|
|
Alougb literally in proper form3
Alougb literally in proper form3
he order or ocess under which the defendant is detainhas been issued in a case not allowed by w. The circuit court ignored the preceptsthe statute suspending execution until further hearing when proper security is given. The record discloses that thuggs usa e liberty of a citizen has been taken from him in a manner not sanctioned by the laws of the land.A judgment will be entered discharging him from custody.RAMSDELL v. RAMSDELL et al. Supreme Court of Oregon. June 24, 1913.L Evidence 448PabolEvidenceBuildingContract.Under L. O. L.713, providing that contracts reduced to writing cannot be varied by parol, except to explain an ambiguity, a building contract, whereby the builder was to complete a house according to plans furnished by him, to be a duplicate of one built by him for another, was not ambiguous; and the admission of parol evidence virtually contradicting its terms was error.[Ed. Note.For other cases, see Evidence, Cent. Dig.2066-2082, 2084; Dec. Dig.448.2. Contractsf 346ActionsIssuesAndEvidence.Where plaintiff's allegation that building plans set out in his complaint were furnished by defendant, who failed to construct the building as agreed upon, was denied, the issue was whether the plans pleaded by plaintiff were those by which the house was to be built; and evidence that defendant was not bound to furnish plans was not within the pleadings.[Ed. Note.For other cases, see Contracts, Cent Dig.1714, 1718-1751; Dec. DiS.346.Department 1. Appeal from Circuit Court, Multnomah County; O. D. Gantenbeln, Judge.Action by J. A. Ramsdell against C. D. Ramsdell and another. Judgment for plaugg usa outlet intiff as to a part of his claim, and he appeals. Reversed and remanded.It is admitted that the parties to this action entered into a contract with each other, of which the following is a copy:Contract for Building a Two-Story House for J. A. Ramsdell.On lots 7 and 8, block , Carter'sAddugg usa. to East Portland, on corner of East 25th and Halsey Sts., by and between J. A. Ramsdell, hereafter known as the first party, and C. D. Ramsdell and S. W. Anderson, known as the second party: It is hereby agreed that In consideration of $2,800.00 the second parties will build and comugg outlet usa plete said residence according to plans and specifications furnished by the second parties for that purpose. Said second parties also agree to accept in part payment of contract price a $.'300.00 mortgage, held by the first party on lots 10 and 11, block 7, Pen. Add. No. 2. Other payments to be made as work progresses. Said house is to be a duplicate of a house built by S. W. Anderson near East 26th and Belmont, No. 815 Belmont, except as otherwise specified.J. A. Ramsdell,C. D. Ramsdell,S. W. Anderson.The plaintiff alleges that ugg outlet usa certain plans and specifications attached to and made a part of his complaint were furnished by the defendants, and that by reason of sundry departures from the directions therein contained the defendants failed to construct the dwelling as agreed upon, to the damage of the plaintiff in the sum of $S75, and also claims to have overpaid the defendants on the contract in the sum of $74.14. The defendants denied that the plans and specifications exhibited by the plaintiff were made a part of the contract, and otherwise traversed the complaint. They allege that they constructed the house according to the terms of the contract already quoted, except as to certain extras, and this In turn was traversed by the reply. It is specified in a commendably concise bill of exceptions in substance that the court overruled the plaintiff's objection thereto, heard testimony to explain the contract, and ruled that its terms only required the defendants to build for the plaintiff a duplicate of a house built by S. W. Anderson; that no plans or specifications at all were to be furnished by the defendants under its stipulations; and that defendants were not required to follow any plans or specifications whatever in the
|
|
|
|
|
|
|
|
|
|
