Wait v. Wheeler & Wilson Manufacturing Co.

Citations

• 23 Or. 297
• 31 P. 661
• 1892 Ore. LEXIS 141

Syllabus

<p>1. Counter-claim — When Allowable — Code, § 73. — In an action on a note given to a company by an agent in payment for certain sewing-machines sold to him, there cannot be a counter-claim of damages for breach of an agreement by the company to furnish the agent a reliable man to assist in selling the machines in payment for which the note was given, where it does not appear that the execution of the note and agreement were simultaneous or in any way connected. A counterclaim is allowed only when the subject thereof arises out of and is legally connected with the contract or transaction which is the subject of the original complaint. In many states it is sufficient if the counter-claim arises out of a matter that is connected with the subject of the action, but the Oregon statute is not so broad. Loeweriberg v. Rosenthal, 18 Or. 178 (22 Pac. Rep. 601), approved.</p> <p>2. Counter-claim — Construction op Statute.— Section 78 of Hill’s Code, relating to counter-claims, ought to be liberally construed, to the end that all controversies coming fairly within the terms of the statute may be settled in a single action between the parties.</p>