Moline v. Portland Brewing Co.
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Eakin. This is an action by Minnie D. Moline against the Portland Brewing Company, a corporation, to recover rent. On the 26th day of November, 1910, S. S. Greenhalgh entered into a written lease with plaintiff for lots 109, 111 and 113, block 54, of Dalles City, for the term of two years from December 9,1910, at the agreed rental of $80 per month.
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From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Eakin. This is an action by Minnie D. Moline against the Portland Brewing Company, a corporation, to recover rent. On the 26th day of November, 1910, S. S. Greenhalgh entered into a written lease with plaintiff for lots 109, 111 and 113, block 54, of Dalles City, for the term of two years from December 9,1910, at the agreed rental of $80 per month. On the 18th day of April, 1911, Greenhalgh duly assigned said lease to defendant, and the defendant immediately released the same to Brown & Goswick for the remainder of said term by…
1Opinion of the CourtJustice Eakin
1. The question to be determined in this case relates to the obligations of the assignee of a lease. There does not seem to be any conflict in the authorities bearing upon this subject. The assignee of a lease is bound *536to fulfill the obligations thereof according to the terms of the lease.
“It is a well-settled rule that, by virtue of privity of estate between the assignee of a leasehold and the lessor, such assignee becomes personally liable to the lessor, while he holds the estate as assignee, for the performance of the lessee’s covenants, which run with the leasehold estate”: 18 Am. & Eng.…
2Cases cited3 opinions
- Harrington v. WatsonOregon Supreme Court · 1883
- Leadbetter v. PewthererOregon Supreme Court · 1912
- Culver v. Van ValkenburghOregon Supreme Court · 1912
3Cited by11 opinions
- McNamer Realty Co. v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- T. A. D. Jones Co. v. Winchester Repeating Arms Co.Court of Appeals for the Second Circuit · 1932
- Backus v. WestOregon Supreme Court · 1922
- First Nat. Bank v. Hazelwood Co.Oregon Supreme Court · 1917
- McKee's Cash Store v. OteroArizona Supreme Court · 1918
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