Bowles v. Gantenbein
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. ■ Statement by Mr. Justice Mooee. This is a suit by Joseph R. Bowles, Fred H. Roth-child and Frederick S. Stanley against Calvin U. Gantenbein to enjoin the prosecution of an action which defendant instituted against the Willamette Building & Realty Company, an Oregon corporation, and to secure the discharge of a levy of an attachment issued in that action.
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From Multnomah: William N. Gatens, Judge. Department 2. ■ Statement by Mr. Justice Mooee. This is a suit by Joseph R. Bowles, Fred H. Roth-child and Frederick S. Stanley against Calvin U. Gantenbein to enjoin the prosecution of an action which defendant instituted against the Willamette Building & Realty Company, an Oregon corporation, and to secure the discharge of a levy of an attachment issued in that action. A demurrer to the complaint on the ground inter alia that it did not state facts sufficient to constitute a cause of suit was sustained. The plaintiffs declining further to plead the…
1Opinion of the CourtJustice Moore
The material facts stated in the complaint are to the effect that on September 30,1910,1. N. Fleischner and others leased real property, having a building thereon, in Portland, Oregon, for a term of 50 years to A. B. Widney, who agreed to pay as rent therefor $3,000 a month for the first ten years and greater rates thereafter, to begin on or before October 1,1914, and speedily to complete on the demised premises, at his own expense of not less than $350,000, a new 6-story build*512ing with a basement in lien of an old structure on the land, and also to pay the lessors all the taxes and…
2Cases cited2 opinions
- Otis v. . ConwayNew York Court of Appeals · 1889
- Bredell v. Fair Grounds Real Estate Co.Missouri Court of Appeals · 1902
3Cited by2 opinions
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Gantenbein v. BowlesOregon Supreme Court · 1922