Ladd & Bush v. Smith
Oregon Supreme Court
. Appeal from Marion County. This is an action by the respondents to recover an alleged balance due them for rent upon an unexpired lease. The appellant defends by alleging a surrender of the lease, and an acceptance by the respondents.
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. Appeal from Marion County. This is an action by the respondents to recover an alleged balance due them for rent upon an unexpired lease. The appellant defends by alleging a surrender of the lease, and an acceptance by the respondents. The cause was tried without the intervention of a jury by the judge, who rendered the following finding of fact: 1. That the defendant leased of -the plaintiffs the Ohemeketa Hotel for four years from the first day of September, 1874, at the rent of four hundred dollars per month; 2. That on the fourth day of November, 1876, the defendant abandoned said…
1Opinion of the Court
By the Court, Watson, J.:
The numerous assignments of error in the notice of appeal, present but one question. Do the facts admitted by the pleadings or found by the court amount to a surrender of the lease set up in the complaint? If they do, the findings of law and the judgment are erroneous and the judgment ought to be reversed. If they do not, the defendant remained liable on his covenant to pay rent on the lease, and the conclusions and judgment of the court below are correct, and the judgment ought to be affirmed.
“If a tenant for life or for years yields up his estate to him who has the…
2Cases cited3 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Smith v. NiverNew York Supreme Court · 1848
- Matthews' Adm'r v. TobenerSupreme Court of Missouri · 1866
3Cited by8 opinions
- Welcome v. HessCalifornia Supreme Court · 1891
- Alvord v. BanfieldOregon Supreme Court · 1917
- Triest & Co. v. GoldstoneCalifornia Supreme Court · 1916
- Blake v. DickMontana Supreme Court · 1895
- Phegley v. Enke's City Dye WorksOregon Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.