Oregon Supreme Court February 4, 1908 (Hornefius v. Wilkinson)

Mr. Commissioner King

delivered the opinion.

This ■ is an • action ■ to recover $1,500, with interest, alleged to have been delivered and intrusted to defendant *46by plaintiff under an express and implied contract of repayment on demand, on which contract it is averred that defendant on January 1, 1902, acknowledged $1,600 to be due plaintiff, which he then and there agreed to pay, but had,