Johnson v. Seabobg
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. Department 2. Statement by Mr. Justice Eakin. Tbis is a suit by T. K. Johnson and Margaret Johnson, against B. A. Seaborg, Seaborg Packing Company and Frank Olson. The facts are as follows: The plaintiffs were the owners of a certain island in the Columbia Biver, near Astoria, in Clatsop County, Oregon, known as Tenas Illihee, where the tide ebbs and flows.
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From Clatsop: Thomas A. McBride, Judge. Department 2. Statement by Mr. Justice Eakin. Tbis is a suit by T. K. Johnson and Margaret Johnson, against B. A. Seaborg, Seaborg Packing Company and Frank Olson. The facts are as follows: The plaintiffs were the owners of a certain island in the Columbia Biver, near Astoria, in Clatsop County, Oregon, known as Tenas Illihee, where the tide ebbs and flows. It borders on the tide lands and tide flats of the river, and is of great value for the purpose of operating fish traps and for hauling seines and dragnets thereon. On the 23d day of December, 1905,…
1Opinion of the CourtJustice Eakin
1. It is contended by defendants that plaintiffs waived their right to declare a forfeiture of the lease for nonpayment of the rental, without notice to defendants and an opportunity to pay, by their agreement to a departure from the terms of the lease whereby, as defendants allege, part of the rent was paid to plaintiff Mrs. Johnson as she needed it. There was no agreement by which the payment of the rent for the year 1907 might be delayed or postponed beyond the maturity thereof, nor were any payments made or received thereafter. If the rent had been paid on May 16th, the day after the…
2Cases cited3 opinions
- Hirschfeld v. McCullaghOregon Supreme Court · 1912
- Cyclone Mining Co. v. Baker Light & Power Co.U.S. Circuit Court for the District of Oregon · 1908
- La Moine Lumber & Trading Co. v. KestersonU.S. Circuit Court for the District of Oregon · 1909
3Cited by7 opinions
- Haggerty v. NoblesOregon Supreme Court · 1966
- Michael v. SphierOregon Supreme Court · 1929
- Weiser Land Co. v. BohrerOregon Supreme Court · 1915
- Peterson v. DoseOregon Supreme Court · 1928
- Milton-Freewater & Hudson Bay Irrigation Co. v. SkeenOregon Supreme Court · 1926
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