Holden v. Gulstrom
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. In Bane. This was an action for forcible detainer. It was originally brought in Justice’s Court and appealed to the Circuit Court, where a trial was had resulting in a verdict and judgment for defendant, from which judgment plaintiffs appeal. The controversy arose from the alleged breach of a lease which, by its terms, was to extend over a period of five years at a yearly i’ental therein specified.
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From Tillamook: George E. Bagley, Judge. In Bane. This was an action for forcible detainer. It was originally brought in Justice’s Court and appealed to the Circuit Court, where a trial was had resulting in a verdict and judgment for defendant, from which judgment plaintiffs appeal. The controversy arose from the alleged breach of a lease which, by its terms, was to extend over a period of five years at a yearly i’ental therein specified. The lease became effective November 6,1917, and contained among others the following stipulations: “The consideration of the said lease shall be the…
1Opinion of the Court
McBRIDE, C. J. —
1. The first contention of appellants is, that the court erred in instructing the jury that the failure or refusal of the plaintiffs to furnish a man and team to haul the large logs off the land to be cleared, excused nonperformance by defendant of his covenant to clear. Both upon principle and authority we think the instruction was correct. Assuming, as we must after verdict, that the testimony of defendant was true, the plaintiffs are placed in the position of saying:
“It is true that we agreed to furnish a man and team to assist in clearing the land, and it is also true that…
2Cases cited4 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Toler v. SeabrookSupreme Court of Georgia · 1869
- Sigmund v. Newspaper Co.Appellate Court of Illinois · 1899
- Brown v. AdamsTexas Supreme Court · 1872
3Cited by2 opinions
- Silveira v. OhmCalifornia Supreme Court · 1949
- Johnston v. City of Grants PassOregon Supreme Court · 1926