Opinion

Bonneville Equipment Co. v. Tuttle

  • 246 Or. 153
  • 424 P.2d 231
  • 1967 Ore. LEXIS 556
Court
Oregon Supreme Court
Filed
Mar 1, 1967
Status
Published
Author
McAllister
On the bench
Connell, Denecke, Denegke, Holman, McAllister, Perry, Sloan
Cited by
0 cases
Authority
More cited than 16.7%

The opinion

McAllister, j.,

dissenting.

In my opinion the instruction given to the jury, quoted in the majority opinion, is erroneous. The first paragraph told the jury that if Tuttle looked to Bonneville Equipment Co. to pay the bill only if the McKinleys did not pay the bill, then Tuttle could not recover unless there was a written agreement.

In the third paragraph of the quoted instruction, however, the court told the jury with equal clarity that if Tuttle in making the repairs relied on the credit of Bonneville Equipment Co., then the jury should find for Tuttle. This was an instruction to find against *158 Bonneville even if Tuttle relied primarily on the Mc-Kinleys and only secondarily, collaterally or incidentally on Bonneville. The third paragraph of the instruction was clearly erroneous. Masters v. Bidler, 101 Or 322 , 198 P 912 (1921).

The defect in this instruction was called to the attention of the court by a proper exception, and the case should be reversed.

I dissent.

Sloan, J., concurs in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.