Johnson v. Parshley
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Ed. Johnson against A. W. Parshley, Ed. Kiesandahl, C. Leo G. Wo, The Dragon Restaurant Company, a corporation, Fred Olson, justice of the peace, and Lou Wagner, constable.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Ed. Johnson against A. W. Parshley, Ed. Kiesandahl, C. Leo G. Wo, The Dragon Restaurant Company, a corporation, Fred Olson, justice of the peace, and Lou Wagner, constable. The facts are as follows: On the 9th day of January, 1909, plaintiff purchased from defendant Dr. Wo the Dragon Restaurant, together with the lease of the premises — 149-151 Seventh Street, Portland, in which it was conducted — for the sum of $3,500, and went into possession thereof at that time. Defendants E. Kiesendahl and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
On appeal the defendants present but two questions, viz.: (1) That by reason of respondent’s sale of the *449restaurant the appellants cannot be placed in statu quo. (2) A partial rescission of an entire contract cannot be had.
It was conceded throughout the trial that the original lease stipulated that Kiesendahl shall not sublet the premises without the consent of the owner, that he was a stockholder and a managing officer of the Dragon Restaurant Company, and that the sublease was consented to by Mrs. Hamilton for that reason, and Kiesendahl testified that he…
2Cited by1 opinion
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