Lawrence v. Phy
Oregon Supreme Court
Appeal from Union: Morton D. Clifford, Judge. Action by John Lawrence and others against J. P. Phy and J. W. Couper for the wrongful taking and conversion by defendants of certain grain, and for damages in the sum of two thousand dollars.
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Appeal from Union: Morton D. Clifford, Judge. Action by John Lawrence and others against J. P. Phy and J. W. Couper for the wrongful taking and conversion by defendants of certain grain, and for damages in the sum of two thousand dollars. The complaint alleges, in substance, a copartnership between Ed and John Tinkham, under the firm name of Tinkham Brothers; that they leased from E. J. Couper, receiver, for the cropping season of eighteen hundred and ninety-four, certain premises, known as the Jones Ranch and Stanton Ranch, agreeing to pay as rental one third of the grain grown thereon, ■ to…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
There are numerous assignments of error, but from the view we take of the case it is only necessary for us to consider two questions, which arise upon the court’s instructions to the jury. Plaintiff’s contentions are: First, that the provision in the lease “that the crop so raised shall be and remain the crop of the said E. J. Couper, receiver, or his successor in interest, until the payment of all expenses necessary to care for said crop, and put the said one third rental in sacks, as herein provided for, and to cover any liens of hands or otherwise incurred…
2Cases cited13 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Farnum v. HefnerCalifornia Supreme Court · 1889
- Nickum v. GastonOregon Supreme Court · 1893
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
- Howell v. FosterCalifornia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cole v. Canadian Bank of CommerceOregon Supreme Court · 1925
- Michaelson v. FishCalifornia Court of Appeal · 1905
- McGarvey v. PrinceSouth Dakota Supreme Court · 1913