# Pitts v. King

> Oregon Supreme Court · October 4, 1932 · 141 Or. 23

URL: https://www.frixlaw.com/law-library/cases/3840270

## Case

- **Full name:** PITTS v. KING Et Al.
- **Court:** Oregon Supreme Court
- **Decided:** October 4, 1932
- **Citations:** 141 Or. 23; 15 P.2d 379; 1932 Ore. LEXIS 196
- **Precedential status:** Published
- **Opinion:** Addendum by Campbell
- **Judges:** Campbell, Bean, Bbown, Belt
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3840270

## Opinion text

On Petition bob Rehearing
( 15 P. (2d) 472 )
CAMPBELL, J.
Respondent has filed a petition for a rehearing on the grounds that our former opinion did not dispose of defendant H. H. King’s answer and counterclaim.
Defendant King’s counterclaim was not such a one as could have been set up in an action for libel. It did not arise “out of the contract or transaction set forth in the complaint, as the foundation of plaintiff’s claim.” Plaintiff’s cause of action did not arise “on contract. ’ ’ Defendant King’s counterclaim did not arise “also on contract.” Oregon Code 1930, § 1-611.
Our former opinion should be modified to the extent that the judgment of the circuit court will be reversed and the cause remanded with instructions to dismiss both as to the complaint and the counterclaim of defendant, H. H. King.
It is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3840270. Public record. Not legal advice.