Morton v. Wessinger
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is an action on a lease by James H. Morton against Paul Wessinger and Henry Wagner, executors of the estate of Henry Weinhard, deceased, and Paul Wessinger and Henry Wagner to recover four months rent for a storeroom in the city of San Francisco.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Bean. This is an action on a lease by James H. Morton against Paul Wessinger and Henry Wagner, executors of the estate of Henry Weinhard, deceased, and Paul Wessinger and Henry Wagner to recover four months rent for a storeroom in the city of San Francisco. That part of the lease necessary to examine, in considering this case, is as follows: “This indenture, made the 20th day of August, 1906, between Herbert C. Van Ness and Robert S. Smith, of the city and county of San Francisco, state of California, lessors, and estate of…
1Opinion of the CourtJustice Bean
1. The errors assigned all pertain to the ruling upon the demurrer. It is claimed by defendants that the agreement, on the part of the lessors to erect the building, is contained in that part of the lease describing the premises as “store number five of the building being erected by the lessors.” and that the agreement “in the event of the inability of the lessors to deliver possession of said premises at the time agreed” shows that the building was to be completed by the 20th day of August, 1906. In considering the sufficiency of the answer upon the demurrer, the rule is that the pleader is…
2Cases cited8 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- City of Buffalo v. . ChadeayneNew York Court of Appeals · 1892
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Longshore Printing Co. v. HowellOregon Supreme Court · 1894
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lane County v. R. A. Heintz Construction Co.Oregon Supreme Court · 1961
- Moore v. SchermerhornOregon Supreme Court · 1957
- Windle, Adm'x v. FlinnOregon Supreme Court · 1952
- Cosgrove v. TraceyOregon Supreme Court · 1937
- Purdin v. HancockOregon Supreme Court · 1913
13 more not listed; retrieve them via the Exa API.