Pengra v. Wheeler
Oregon Supreme Court
Lane County: J. Corey Fullerton, Judge. This is an action by B. J. Pengra to recover from Almon Wheeler the rent of, and damages for an injury to, a water power.
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Lane County: J. Corey Fullerton, Judge. This is an action by B. J. Pengra to recover from Almon Wheeler the rent of, and damages for an injury to, a water power. The facts are that the plaintiff, on the thirteenth of February, 1888, was the owner of a water power, consisting of a flume, dam, and gates, which conducted water from the middle fork of the Willamette River to Springfield, Lane County, and the defendant was the owner of a saw and planing-mill at that place, which was operated by water power; and at said date the plaintiff, in consideration of one thousand dollars per year, payable…
1Opinion of the CourtJustice Moore
1. The defendant contends that the court erred in allowing plaintiff interest on the installments of rent. In Hawley v. Dawson, 16 Or. 344 (18 Pac. Rep. 592), it was held that when the amount of recovery is unliquidated, and there is no express agreement to pay interest, default in the payment does not occur till the amount which the party ought to pay is fixed and made certain. In the *536case at bar, while the contract provided that the rent should be one thousand dollars per year, payable quarterly, it also provided that in default of a sufficient supply of water from any cause a pro rata…
2Cases cited6 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Beebe v. JohnsonNew York Supreme Court · 1838
- Hawley v. DawsonOregon Supreme Court · 1888
- Edmondstone v. ThomsonNew York Supreme Court · 1836
- Drainage Dist. No. 4 v. CrowOregon Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Anderson v. AdamsOregon Supreme Court · 1903
- Moody v. RichardsOregon Supreme Court · 1896
- Krausse v. GreenfieldOregon Supreme Court · 1912
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
14 more not listed; retrieve them via the Exa API.