First Nat. Bank v. Hazelwood Co.
Oregon Supreme Court
From Multnomah.: Henry R. McGinn, Judge. Department 2. Statement by Mr. Justice Mc-Camant. This is an action brought by the First National Bank of Albany against Klock Produce Company and Hazelwood Company. Klock Produce Company was not served and the controversy is wholly between plaintiff and the defendant Hazelwood Company. The complaint consists of two counts.
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From Multnomah.: Henry R. McGinn, Judge. Department 2. Statement by Mr. Justice Mc-Camant. This is an action brought by the First National Bank of Albany against Klock Produce Company and Hazelwood Company. Klock Produce Company was not served and the controversy is wholly between plaintiff and the defendant Hazelwood Company. The complaint consists of two counts. In both counts plaintiff alleges the incorporation of the parties, plaintiff’s ownership of certain real property at Albany and the lease of this property to Klock Produce Company February 28, 1912. It is alleged in both counts that…
1Opinion of the CourtJustice McCamant
Appellant assigns error on the denial of its motion for a nonsuit as to the second cause of action set up in the complaint. The portions of the lease material to the consideration of this question are the following:
The lessee “agrees that he will, during the term of this lease, operate said creamery plant as an independent creamery; that he will take good care of the property delivered to him under this lease, and that he will at the expiration of this lease, turn over the said leased property to the party of first part in as good condition as the same is found at the commencement of this…
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