Bowen v. Clarke
Oregon Supreme Court
Baker county: M. D. Clifford, Judge. Plaintiff appeals. It appears from the complain,, that on June 10,1890, the defendants leased of the plaintiff a certain building situated in Baker City, Oregon, for the term of three years, for which they agreed to pay one hundred dollars per month, payable on the first day of each month during the continuance of the lease; that defendants entered into the possession of said premises, and continued to occupy the same under said lease,…
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Baker county: M. D. Clifford, Judge. Plaintiff appeals. It appears from the complain,, that on June 10,1890, the defendants leased of the plaintiff a certain building situated in Baker City, Oregon, for the term of three years, for which they agreed to pay one hundred dollars per month, payable on the first day of each month during the continuance of the lease; that defendants entered into the possession of said premises, and continued to occupy the same under said lease, and paid the rent therefor until the thirty-first day of January, 1891, at which time the defendants abandoned said…
1Opinion of the CourtStrahan, C. J.
There was but one witness introduced upon the trial, and that was the plaintiff. The lease was also read. The court gave the jury the following instructions : “ If you find from the evidence in this action that the defendants or their agents delivered the keys to the plaintiff, and surrendered up the premises to the plaintiff, with the understanding and agreement that the lease should become terminated, and the plaintiff took possession of the premises with that understanding and agreement, then I instruct you that you must find for the defendants. But you must find, .gentlemen of the jury,…
2Cases cited12 opinions
- Glenn v. SavageOregon Supreme Court · 1887
- Langford v. JonesOregon Supreme Court · 1890
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
- Breon v. HenkleOregon Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Wright v. BaumannOregon Supreme Court · 1965
- Mount v. WelshOregon Supreme Court · 1926
- Godvig v. LopezOregon Supreme Court · 1949
22 more not listed; retrieve them via the Exa API.