Dechenbach v. Rima
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. This is an appeal from an order of the circuit court directing the clerk of that court to pay to the plaintiff $230, tendered by the defendant, and deposited'in court with his answer in the case.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Justice Eakin. This is an appeal from an order of the circuit court directing the clerk of that court to pay to the plaintiff $230, tendered by the defendant, and deposited'in court with his answer in the case. The proceeding was a forcible entry and detainer action, commenced in the justice’s court to oust defendant from certain property occupied by him as 'a saloon, possession of which he claimed under a parol agreement for a three' years’ lease. By his answer defendant alleged that he had tendered to plaintiff $115 on July 1, 1903,…
1Opinion of the CourtJustice Eakin
1. Defendant’s answer, in which he tenders the money into court, was filed August 29, 1903, and his contention is that the tender was only a conditional tender as part payment upon the parol contract; but it is not'so alleged. Plaintiff’s right of recovery under the forcible entry and detainer action depends upon the conditions as they existed when the complaint was filed, and it was based upon the expiration of Lake’s lease and the notice to quit, served June 25th, and had no reference to nonpayment of rent by either Lake or defendant. If the circumstances under which the parol lease was…
2Cases cited2 opinions
- Oregon Railway & Navigation Co. v. Oregon Real Estate Co.Oregon Supreme Court · 1882
- West Portland Park v. KellyOregon Supreme Court · 1896
3Cited by2 opinions
- Whitney-Kemmerer v. KearnsCourt of Appeals for the Seventh Circuit · 1925
- Daytona Plaza, Inc. v. HowardCircuit Court for the Judicial Circuits of Florida · 1990