Houston v. Barnett
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2; This is a suit to enforce the specific performance of the terms of a fifteen-year lease with an option to purchase, of certain lands on the Willamette River between Portland and St. Johns, executed by the plaintiffs to the defendant W. M. Barnett on March 29, 1906. On July 28, 1911, the lease was assigned by Barnett through W. 0. Hadley to, the defendant J. 0. Elrod.
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From Multnomah: Henry E. McGinn, Judge. Department 2; This is a suit to enforce the specific performance of the terms of a fifteen-year lease with an option to purchase, of certain lands on the Willamette River between Portland and St. Johns, executed by the plaintiffs to the defendant W. M. Barnett on March 29, 1906. On July 28, 1911, the lease was assigned by Barnett through W. 0. Hadley to, the defendant J. 0. Elrod. The specified rental for the first five years of the lease is immaterial to this opinion. For the next five years the lessee promised to pay an annual rental of $1,200 in…
1Opinion of the CourtJohns, J.
The lease provides for four rental periods, the first two of which are unnecessary to this-opinion. The third states that “the lessee undertakes, promises and agrees to pay the sum of $1,200' per annum in advance as rental”; the fourth provides that “the increase of the rent above $1,200 per year shall be agreed upon by the lessors and the lessee,” and in the event that they cannot agree each shall select one arbitrator, the two selected shall choose a third and the majority thereof shall be binding. Under the eleventh clause the lease provides that if either party should refuse to appoint an…
2Cases cited3 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Kaufmann v. LiggettSupreme Court of Pennsylvania · 1904
- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1911
3Cited by9 opinions
- Edwards v. TobinOregon Supreme Court · 1929
- Slayter v. PasleyOregon Supreme Court · 1953
- Streicher v. HeimburgeCalifornia Supreme Court · 1928
- Abrahamson v. BrettOregon Supreme Court · 1933
- Hammond v. RingstadDistrict Court, D. Alaska · 1945
4 more not listed; retrieve them via the Exa API.