Watson v. R. C. Janion & Co.
Oregon Supreme Court
Appeal from Multnomah County. The facts are stated in the opinion of the court. The decision in this court must turn upon the law applicable to such facts as appear to have been found by the court below; and if it is certain that the substituted contract was, by the consent of the parties, as above — or by acts unequivocally evidencing such consent, taken in lieu of the written agreement (accepted as a substitute for it), the authorities seem to be clear that the only remedy…
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Appeal from Multnomah County. The facts are stated in the opinion of the court. The decision in this court must turn upon the law applicable to such facts as appear to have been found by the court below; and if it is certain that the substituted contract was, by the consent of the parties, as above — or by acts unequivocally evidencing such consent, taken in lieu of the written agreement (accepted as a substitute for it), the authorities seem to be clear that the only remedy to the plaintiff was upon the new contract. The whole point of the appeal is here. We hold it to be clear from the…
1Opinion of the Court
By the Court, Prim, C. J.:
This was an action at law to recover money on a written lease, for the use and occupation of a certain building in the city of Portland. It is alleged in the complaint that *139defendant agreed to pay one hundred and thirty dollars in gold coin per month, on the last day of each month, from the first day of January, 1873, to and including the thirty-first day of December, 1875. That default was made for the rent, so stipulated for the month of December, 1875, and that there is due plaintiff for said month, the sum of one hundred and thirty dollars.
Defendant admits the…
2Cases cited2 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Day & Penfield v. Leal & LealNew York Supreme Court · 1817
3Cited by7 opinions
- Sherman, Clay & Co. v. Buffum & PendletonOregon Supreme Court · 1919
- Boyes v. RamsdenOregon Supreme Court · 1899
- Lichty v. MerzenichOregon Supreme Court · 1977
- Wilkerson Estate Hill v. United States National BankOregon Supreme Court · 1949
- Knight v. PotterOregon Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.