Caples v. Morgan
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Jane Caples against W. L. Morgan to recover sundry monthly installments of rent alleged to be due upon a five-year lease of real property in Portland, the execution of which and possession thereunder being admitted. That anything is due is denied.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 2. Statement by Mr. Justice Burnett. This is an action by Jane Caples against W. L. Morgan to recover sundry monthly installments of rent alleged to be due upon a five-year lease of real property in Portland, the execution of which and possession thereunder being admitted. That anything is due is denied. Answering affirmatively, the defendant alleged, in substance, that he was the principal stockholder in a firm of architects engaged in the business of building apartment houses and family dwellings; that oral negotiations were entered…
1Opinion of the CourtJustice Burnett
1. Complaint is made about permitting the amendment of the answer. It is not shown, however, that the plaintiff was taken by surprise or that her rights were prejudiced thereby. She could not have experienced any injury on that account; for, whereas the original answer demanded a judgment for the excess of the damages alleged over what should be found due to the plaintiff by the terms of the lease, the change-allowed her to escape any judgment for this possible overplus.
2. Neither can the statute of limitations be urged against a mere defense of the kind here involved. Our statute stating the…
2Cases cited29 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Hart v. ChurchCalifornia Supreme Court · 1899
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- Williams v. McFaddenSupreme Court of Florida · 1887
- Dillman v. NadlehofferIllinois Supreme Court · 1886
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3Cited by21 opinions
- Selman v. ShirleyOregon Supreme Court · 1938
- Rogue River Management Co. v. ShawOregon Supreme Court · 1966
- Hansen v. HolmbergOregon Supreme Court · 1945
- Milton v. HareOregon Supreme Court · 1929
- Hanna v. HopeOregon Supreme Court · 1917
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