Legal Opinion

Depot Realty Syndicate v. Enterprise Brewing Co.

Oregon Supreme Court

Decided December 20, 1917PublishedCited by 14 opinions

From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant.

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From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant. A demurrer to the initiatory pleading on the ground that it did not state facts sufficient to constitute a cause of action having been overruled, an answer was filed denying the…

1Opinion of the Court

* On power of corporation organized for the manufacture and sale of liquor to enter into contracts of guaranty or suretyship on behalf of its customers, or prospective customers, see note in 27 L.R.A. (N.S.) 186. It is contended that though the defendant may have been benefited by the contract which forms the basis of this action, a corporation cannot legally guarantee the performance of any condition, and for that reason an error was committed in overruling the demurrer. It is conceded that the defendant is engaged at San Francisco, California, in manufacturing beer, which product is…

2Cases cited19 opinions

  1. Currie v. BowmanOregon Supreme Court · 1894
  2. Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
  3. Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
  4. Cranston v. West Coast Life Ins.Oregon Supreme Court · 1914
  5. Calvert v. Idaho Stage Co.Oregon Supreme Court · 1894

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3Cited by14 opinions

  1. Woods Lumber Co. v. MooreCalifornia Supreme Court · 1920
  2. Kneeland v. ShroyerOregon Supreme Court · 1958
  3. Irrigated Valleys Land Co. v. AltmanCalifornia Court of Appeal · 1922
  4. Glaser v. Slate Construction Co.Oregon Supreme Court · 1952
  5. Hansen v. BellmanOregon Supreme Court · 1939

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