Gearin v. Rothchild Bros.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. This is an action by M. M. Gearin against Rothchild Brothers, a corporation, for the collection of rent. From a judgment in favor of plaintiff, defendant appeals. Department 1. In October, 1906, plaintiff leased to the defendant' corporation Lot 4 in Block 64, in the City of Portland, which lot is located at the northwest comer of Fourth and Washington Streets.
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From Multnomah: George N. Davis, Judge. This is an action by M. M. Gearin against Rothchild Brothers, a corporation, for the collection of rent. From a judgment in favor of plaintiff, defendant appeals. Department 1. In October, 1906, plaintiff leased to the defendant' corporation Lot 4 in Block 64, in the City of Portland, which lot is located at the northwest comer of Fourth and Washington Streets. The written contract consists of twenty-two distinct paragraphs which, when necessarily mentioned herein will be referred to by their consecutive numbers. By the terms of the agreement the lessee…
1Opinion of the CourtBenson, J.
1. There is no question of fact presented for our consideration. It is conceded that every part of the contract has been fully complied with up to the time when defendant defaulted in payment of rent for the months of March and April, 1916, and this default is admitted. The defendant relies solely upon the provisions of Section 19 of the lease, above quoted, as a protection against any action for the recovery of accrued rent. The substance of defendant’s argument is tliat the clause referred to and relied upon by it was the expression of a distinct agreement between the parties that after the…
2Cited by3 opinions
- Swetland Building Co. v. Children's HomeOregon Supreme Court · 1928
- Walling Warehouse Co. v. Springhill Fuel Co.Oregon Supreme Court · 1977
- Gearin v. Rothchild Bros.Oregon Supreme Court · 1920