Forbis v. Inman

Citations

• 23 Or. 68
• 31 P. 204
• 1892 Ore. LEXIS 105

Syllabus

<p>1. Appeal from Justice’s Court — Amendment of Pleadings. — On an appeal from a justice’s court, the circuit court can try nothing but the issues made up in the justice’s court, and has no authority on appeal to allow any change to be made in the issues, as by filing an answer: Code, §§ 581, 2130.</p> <p>2. Idem — Power to Remand. — On appeal the circuit court cannot remand a cause to the justice’s court for further action.</p> <p>3. Assumpsit— Voluntary Service. — Any act done for the benefit of another without his request is deemed in law a voluntary service for which no action can be maintained.</p> <p>4. Voluntary Services — Request—Promise to Pay. — Actions to recover for voluntary services are founded upon contract; and to make one liable thereon it must appear not only that the defendant has received a benefit, but also that he either requested the performance of the service, or that when he knew the service had been performed, he promised to pay for it. Glenn v. Savage, 14 Or. 577 (15 Pac. 442), approved; Rohr v. Balter, 13 Or. 350 (10 Pac. 627), distinguished.</p> <p>5. Voluntary Service — Implied Request — Implied Promise to Pay. — In the case of a beneficial service a previous request may be implied from a subsequent promise, and so a subsequent promise may be implied from a previous request.</p>