Parker v. Page
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This is an action by H. B. Parker against Chas. H. Page and James Brown, as executors, to recover upon an alleged breach of contract.
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From Clatsop: Thomas A. McBride, Judge. This is an action by H. B. Parker against Chas. H. Page and James Brown, as executors, to recover upon an alleged breach of contract. On May 5, 1887, E. C. Crow leased to plaintiff lots 3 and 4, block 7, in McClure’s Astoria, and the water front adjacent thereto, for the term of 10 years, from August 1, 1887, at a monthly rental of $25, payable in advance, for each month during the term, by an agreement in writing containing the following stipulations, among others: “And in case this lease cannot be continued after the expiration of said ten years by…
1Opinion of the CourtJustice Wolverton
The complaint is based upon the theory of a refusal upon the part of Crow and his executors, at the expiration of the term, to renew the lease for a like term of 10 years. Parker saw Crow but once, however, with reference to the leasé, which was about a year prior to his death, and more than four months prior to the expiration thereof; and although he testified that he wanted to make some improvements, and get the lease renewed, it is not developed what Crow said or agreed to at that time, or whether or not he encouraged plaintiff to believe that he would accede to his wishes, or flatly…
2Cases cited16 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Haynes v. . AldrichNew York Court of Appeals · 1892
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Conway v. StarkweatherCourt for the Trial of Impeachments and Correction of Errors · 1845
- Adams v. . City of CohoesNew York Court of Appeals · 1891
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3Cited by3 opinions
- Mosher v. SabraArizona Supreme Court · 1929
- Peterson v. DoseOregon Supreme Court · 1928
- Lilley v. Gifford Phillips Wood Products, Inc.Oregon Supreme Court · 1956