Jenning v. Miller
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a suit by Henry Jenning & Sons, a private corporation, against Ernest Miller to enjoin an action of forcible entry and detainer and for the specific performance of a parol contract for the leasing of real property.
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From Multnomah: Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a suit by Henry Jenning & Sons, a private corporation, against Ernest Miller to enjoin an action of forcible entry and detainer and for the specific performance of a parol contract for the leasing of real property. The plaintiff is a corporation engaged in the furniture and carpet business in the City of Portland with an investment of about $75,000. Its furniture and carpet departments are separate, but under the same general management, and it is therefore important that they should be as accessible to…
1Opinion of the CourtChief Justice Bean
That the contract sought to be enforced in this suit, assuming it to be as plaintiff has alleged, was void under the statute of frauds because not in writing is unquestioned: B. & C. Comp. § 797; Pulse v. Hamer, 8 Or. 251; White v. Holland, 17 Or. 4 (3 Pac. 573); Rosenblat v. Perkins, 18 Or. 156 (22 Pac. 598, 6 L. R. A. 257). But the plaintiff contends that there has been such a part performance as will take it out of the statute. The acts relied upon for this purpose are the possession of the leased premises by the plaintiff and the abandonment by it of the attempt to secure another…
2Cases cited11 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Emmel v. HayesSupreme Court of Missouri · 1890
- Swales v. JacksonIndiana Supreme Court · 1890
- Koch v. National Union Building Ass'nIllinois Supreme Court · 1891
- Mahana v. BluntSupreme Court of Iowa · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Dunis v. DirectorOregon Supreme Court · 1927
- Knoff v. GraceSupreme Court of Colorado · 1920
- Strong v. HallOregon Supreme Court · 1969
6 more not listed; retrieve them via the Exa API.