Depot Realty Syndicate v. Enterprise Brewing Co.
Oregon Supreme Court
From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant.
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From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant. A demurrer to the initiatory pleading on the ground that it did not state facts sufficient to constitute a cause of action having been overruled, an answer was filed denying the…
1Opinion of the CourtJustice Moore
1. It is contended that though the defendant may have been benefited by the contract which forms the basis of this action, a corporation cannot legally guarantee the performance of any condition, and for that reason an error was committed in overruling the demurrer. It is conceded that the defendant is engaged at San Francisco, California, in manufacturing beer, which product is disposed of at wholesale to saloon-keepers the payment of whose rent has, in some instances, been guaranteed by the officers of the corporation. The general rule that an ordinary corporation cannot become a surety is…
2Cases cited20 opinions
- Currie v. BowmanOregon Supreme Court · 1894
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
- Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
- Calvert v. Idaho Stage Co.Oregon Supreme Court · 1894
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