Legal Opinion

McGee v. Beckley

Oregon Supreme Court

Decided June 8, 1909PublishedCited by 14 opinions

Statement by Mr. Chief Justice Moore. This is an action by J. T. McGee against J. W. Beckley to recover a balance alleged to be due as rent. - It is stated in the complaint: That on June 19,1906, the plaintiff leased to the defendant a house and a barn, for the use of which the latter agreed to pay a monthly rental of $7.50 aiid $12.50, respectively; that the defendant used the barn 14 months and 21 days, and occupied the house 15 months and 11 days, the total rent thereof…

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Statement by Mr. Chief Justice Moore. This is an action by J. T. McGee against J. W. Beckley to recover a balance alleged to be due as rent. - It is stated in the complaint: That on June 19,1906, the plaintiff leased to the defendant a house and a barn, for the use of which the latter agreed to pay a monthly rental of $7.50 aiid $12.50, respectively; that the defendant used the barn 14 months and 21 days, and occupied the house 15 months and 11 days, the total rent thereof being $298.86, no part of which has been paid except $144.60, thus leaving due $154.26. The answer denied each averment…

1Opinion of the Court

*252Opinion by

Mr. Chief Justice Moore.

An exception having been taken to the following instruction, it is contended by plaintiff’s counsel that an error was committed in giving it, to-wit:

“Now it is claimed that there is evidence in this case tending to show that there was an agreement entered into as stated in the complaint, and that the defendant entered into possession under this agreement, and it is claimed on behalf of the defendant that he went into possession of the premises, but without any agreement as to the amount to be paid as rental, and that- his occupancy was during a time that…

2Cases cited5 opinions

  1. Leavengood v. McGeeOregon Supreme Court · 1907
  2. Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
  3. Allen v. Standard Box & Lumber Co.Oregon Supreme Court · 1908
  4. Sommer v. ComptonOregon Supreme Court · 1909
  5. Jacobs v. OrenOregon Supreme Court · 1897

3Cited by14 opinions

  1. Leadbetter v. PriceOregon Supreme Court · 1921
  2. DeVall v. DeVallOregon Supreme Court · 1910
  3. West v. McDonaldOregon Supreme Court · 1912
  4. Delovage v. Old Oregon Creamery Co.Oregon Supreme Court · 1915
  5. State v. KayOregon Supreme Court · 1915

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