Williams v. Ackerman
Oregon Supreme Court
Appeal from Multnomah County. The respondent (Ackerman) occupied the north half of lot number two in block number one, Portland, under a parol lease from appellant Williams, for the term of three years.
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Appeal from Multnomah County. The respondent (Ackerman) occupied the north half of lot number two in block number one, Portland, under a parol lease from appellant Williams, for the term of three years. The original lease was made December 1,1876, with the firm of Ackerman & Co. Respondent was the successor of the said firm, occupying the premises under the same lease from January 1, 1877. A written lease had been prepared and presented to and retained by the lessees, but never executed, though they took possession by virtue thereof. Respondent so occupied said premises until February 6,1878,…
1Opinion of the Court
By tbe Court,
Boise, J.:
From this statement of facts it appears that Ackerman & Co. entered the premises in question under a parol agreement to lease the same for three years, and being so in possession delivered the possession to the defendant, who became their successor under the same right. We think that under the authority of Garret v. Clark, this became a tenancy from year to year, and could only be determined by notice by one party to the other. The rule is fully stated in that case, and we feel constrained to adhere to it as settling an important principle concerning such tenures, and…
2Cases cited1 opinion
- McCracken v. SwartzOregon Supreme Court · 1873
3Cited by2 opinions
- Brown v. KayserWisconsin Supreme Court · 1884
- Rosenblat v. PerkinsOregon Supreme Court · 1889