Pullen

Pullen v. Dale

Good Law
109 F.2d 538·9 Alaska 643·1940 U.S. App. LEXIS 3945
United States Court of Appeals for the Ninth CircuitFebruary 5, 1940No. 9268California929 words

Opinion

lead Opinion

Stephens, J.

Judgment was entered in the District Court, First Division, of Alaska in favor of Olaf Dale, plaintiff, against Royal R. and Harriet S. Pullen, defendants. The defendants appeal from this judgment. We shall refer to the parties by their proper names..

It is not disputed that Harriet S. Pullen was running an hotel in and upon property owned by her son, Royal R. Pullen, during all of the times herein referred to, and that an oral contract was entered into by and between her and Olaf Dale in May, 1933. A written memorandum of this contract was made in March, 1935, and is as follows:

Dale entered into the discharge of his duties May 15th, 1933 and continued therein until August 9th, 1938: He did managerial and considerable repair and construction work in and about the premises.

There is evidence, though Royal R. Pullen denies the fact, that Royal R. Pullen who lived in South Dakota was informed by letter sometime in August of 1933 of certain needed repairs and construction to the buildings and that he wrote to his mother telling her to let Olaf Dale do the work and that he would pay for it. That he sent $100 for the purchase of shingles. No letters were introduced in evidence on…

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