Irelan v. Portland
Oregon Supreme Court
From Multnomah: Bobert Gr. Morrow, Judge. Department 2. This is a suit to cancel a street assessment charged against certain lots of plaintiffs for the improvement of Milwaulde Street from Holgate Street to Nehalem Avenue. From a decree in favor of defendants, dismissing the suit, plaintiffs appeal.
Read the full summary
From Multnomah: Bobert Gr. Morrow, Judge. Department 2. This is a suit to cancel a street assessment charged against certain lots of plaintiffs for the improvement of Milwaulde Street from Holgate Street to Nehalem Avenue. From a decree in favor of defendants, dismissing the suit, plaintiffs appeal. A former suit by other property owners with reference to the same improvement was passed upon by this court in the case of Sherrett v. City of Portland, 75 Or. 449 (147 Pac. 382). The improvement consisted of paving Milwaukie Street with Hassam pavement for a distance of about two miles. It was…
1Opinion of the CourtBean, J.
1. The first contention made by counsel for plaintiffs is that the time stipulated in the contract *476for the completion of the work had expired and the work not being finished, the contract ceased to have any validity. The first question is, had the contract expired? It provides that the work shall be performed in accordance with the plans and specifications therefor, and completed by the first day of November, 1911; the contract also provides for damages as provided for in Ordinance No. 19,745 for any delay beyond the first day of November, 1911. This ordinance which was made a part of the…
2Cases cited20 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Paulson v. City of PortlandOregon Supreme Court · 1888
- King v. PortlandOregon Supreme Court · 1900
- King v. Portland CitySupreme Court of the United States · 1902
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fay v. PortlandOregon Supreme Court · 1921
- Kiessling v. OrthOregon Supreme Court · 1926
- Gamma Alpha Bldg. Ass'n v. EugeneOregon Supreme Court · 1919