Durkee v. Carr
Oregon Supreme Court
From Klamath: Henry L. Benson, Judge. This is an action by Geo. A. Durkee against Jesse D. Carr to recover damages for the breach of an alleged contract.
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From Klamath: Henry L. Benson, Judge. This is an action by Geo. A. Durkee against Jesse D. Carr to recover damages for the breach of an alleged contract. It is substantially averred in the complaint that on May 15, 1898, the defendant, by J. F. Adams, his authorized agent, demised to plaintiff for the term of five months 200 acres of arid land in Klamath County, Oregon, and in the written lease covenanted that he would, free of charge, construct all main ditches to and upon the premises, and furnish sufficient water from the Little Klamath Water Ditch properly to irrigate the same where…
1Opinion of the CourtJustice Moore
It is contended by defendant’s counsel that the testimony was insufficient to establish Adams’ authority to execute, as defendant’s agent, the covenant to furnish water, and hence the court erred in admitting the lease in evidence over their objection and exception. The testimony shows that the defendant owns a section of land in said county, incapable of producing grain without irrigation; that in the spring of *1921898 he caused it to- be prepared for cultivation by grubbing up the sagebrush growing thereon; that, being a resident of California, he wrote to Adams, requesting him to lease…
2Cases cited26 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- McAlpin v. CassidyTexas Supreme Court · 1856
- Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
- Olds v. CaryOregon Supreme Court · 1886
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Mount v. WelshOregon Supreme Court · 1926
- Anderson v. AdamsOregon Supreme Court · 1903
- Schuler Et Ux. v. Humphrey Et Ux.Oregon Supreme Court · 1953
- Elam v. SoaresOregon Supreme Court · 1978
16 more not listed; retrieve them via the Exa API.