Strode v. Smith
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Henry J. Bean. This is an action by Kate Strode, Bose Bridges, Anna Herrall, Y. K. Strode and J. B. Bridges, Jr., against Frank E. Smith and the Pacific Surety Company. The defendants appeal from a judgment in favor of plaintiffs for $6,000, damages for the breach of a bond.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Henry J. Bean. This is an action by Kate Strode, Bose Bridges, Anna Herrall, Y. K. Strode and J. B. Bridges, Jr., against Frank E. Smith and the Pacific Surety Company. The defendants appeal from a judgment in favor of plaintiffs for $6,000, damages for the breach of a bond. The complaint, for the first cause of action, shows the following facts: On the 28th day of May, 1910, the plaintiffs executed a lease to defendant Frank E. Smith of a certain lot in the city of Portland, Oregon, for the term of 35 years. The lease contained 25…
1Opinion of the CourtJustice Bean
The sole question for our determination is the ruling upon the demurrers. It is contended on behalf of defendants that the provisions in the bond, which are denominated liquidated damages, are as a matter of fact penalties. It will be noticed that tbe complaint shows a provision in tbe bond that if tbe lessee should fail to pay tbe 1910 taxes on tbe leased property on or prior to the 15th day of March, 1911, tbe obligors would on demand pay tbe lessors tbe amount of such taxes as and for fixed and stipulated and liquidated damages sustained by tbe lessors by reason of such failure. But that…
2Cases cited19 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Howard v. AdkinsIndiana Supreme Court · 1906
- Atlantic Trust & Deposit Co. v. Town of LaurinburgCourt of Appeals for the Fourth Circuit · 1908
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3Cited by6 opinions
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- Layton Manufacturing Co. v. Dulien Steel, Inc.Oregon Supreme Court · 1977
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