Friberg v. Bjelland
Oregon Supreme Court
From Multnomah: George W. Stapleton, Judge. Department 2. In the early part of the summer of 1917, the defendant, Mr. Bjelland, was the owner of several houses located on Lovejoy Street, in the City of Portland, Oregon.
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From Multnomah: George W. Stapleton, Judge. Department 2. In the early part of the summer of 1917, the defendant, Mr. Bjelland, was the owner of several houses located on Lovejoy Street, in the City of Portland, Oregon. While he and Friberg, who is a contractor, were examining the house at. 627 Lovejoy Street, Bjelland asked Friberg if he did not want to rent the house at 625 Lovejoy Street which became vacant the last of June, 1917. Bjelland offered him the house for $20 per month. Friberg, after he and his wife inspected the house, informed Bjelland that it needed painting, tinting, a new…
1Opinion of the CourtBean, J.
1. A court of equity will require specific performance of an oral lease for a term of more than one year, and therefore void under the statute of frauds, where the tenant, relying upon that agreement has entered into possession of the premises and has incurred expenses in making valuable permanent improvements and changed his position to such an extent that a refusal on the part of the lessor to perform operates as a fraud on the rights of the lessee. Such part performance takes the contract out of the operation of the statute of frauds: Wallace v. Scoggins, 18 Or. 502, 504 (21 Pac. 558, 17…
2Cases cited7 opinions
- Wallace v. ScogginsOregon Supreme Court · 1889
- West v. Washington Railway Co.Oregon Supreme Court · 1907
- Morrison v. HerrickIllinois Supreme Court · 1889
- Wallace v. ScogginsOregon Supreme Court · 1889
- Deeds v. StephensIdaho Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dodge v. DaviesOregon Supreme Court · 1947
- Bennett v. PrattOregon Supreme Court · 1961
- Young v. NEILLOregon Supreme Court · 1950
- Young v. NEILLOregon Supreme Court · 1950