Martin v. Fletcher
Oregon Supreme Court
From Yamhill: Webster Holmes, .Judge. Statement by Mr. Justice Bean. This is an action by Catherine E. Martin against Henry Lee Fletcher.
Read the full summary
From Yamhill: Webster Holmes, .Judge. Statement by Mr. Justice Bean. This is an action by Catherine E. Martin against Henry Lee Fletcher. Plaintiff alleges, in substance, that about April 1, 1913, she leased to defendant for the season of 1913 a 63-acre tract of land, known as the “Fletcher farm,” situate about two miles from Mc-Minnville, Yamhill County, Oregon, which he agreed to farm and to pay the following rental, to wit, $4 per acre for 45 acres of tillable land, and the “customary rental” for 11.5 acres of hops growing on the place; that the customary rental for hop-yards in that…
1Opinion of the CourtJustice Bean
Eleven errors are assigned, bnt we deem it necessary to consider only the principal ones.
1. The trial conrt construed the complaint as pleading a custom as a basis for plaintiff’s cause of action, and refused to allow the evidence to be considered as showing a reasonable rental or any other rent or amount different from that claimed in the complaint. The court instructed the jury, among other things, to the effect that the plaintiff relied upon an express contract, stating its terms, and further that, before the jury could find for the plaintiffs, they must find by the greater weight of the…
2Cases cited1 opinion
- Jones v. DoveOregon Supreme Court · 1879
3Cited by3 opinions
- Williams v. LedbetterOregon Supreme Court · 1929
- Newspapers, Inc. v. LoveCourt of Appeals of Texas · 1965
- Dovey & Son v. SchlaterNebraska Supreme Court · 1922