Meagher v. Eilers Music House
Oregon Supreme Court
From Multnomah: Calvin U, G-antenbein, Judge. Department 1. Statement by Mb. Justice Habéis. This is an action to recover part of a deposit given by a lessee to a lessor as security for the payment of rent.
Read the full summary
From Multnomah: Calvin U, G-antenbein, Judge. Department 1. Statement by Mb. Justice Habéis. This is an action to recover part of a deposit given by a lessee to a lessor as security for the payment of rent. The Eilers Music House, a corporation, leased two room's in the Eilers Building in the city of Portland to D. Y. Meagher for a term commencing on July 1, 1912, and ending August 31, 1916, for $13,750 payable “in monthly payments of $275 each, in advance, on the first day of each and every month” during the term. At the time of entering into the agreement of lease with the Eilers Music…
1Opinion of the CourtJustice Harris
Quoting from the printed brief filed by the plaintiff:
“So the only question we have to present to this court at this time is: Was the leasing of the building to Farrell an acceptance of the surrender of the lease by the tenant or was the building leased to Farrell for the benefit of the plaintiff as alleged in the defendant’s answer?”
1. The findings of the trial court are equivalent to a verdict and consequently upon appeal the evidence will not be examined except to ascertain whether any of it is competent to support the findings: Eugene v. Lowell, 72 Or. 237 (143 Pac. 903); Weigar v. Steen,…
2Cases cited14 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Marshall v. John Grosse Clothing Co.Illinois Supreme Court · 1900
- Bowen v. ClarkeOregon Supreme Court · 1892
- Scott v. . MontellsNew York Court of Appeals · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wright v. BaumannOregon Supreme Court · 1965
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- United States National Bank v. Homeland, Inc.Oregon Supreme Court · 1981
- Phegley v. Enke's City Dye WorksOregon Supreme Court · 1928