Legal Opinion · Dissent

Abbott v. BOB'S U-DRIVE

Oregon Supreme Court

Decided May 25, 1960Published

1DissentDuncan, J.

(Pro Tempore), dissenting in part.

Defendant Continental Leasing Co. raised timely objection to the petition seeking to require it to arbitrate under the lease between plaintiff, as lessor, and Robert E. Thompson, as lessee. Defendant also objected to the entry of judgment against it by the circuit court based on the award of the arbitrators.

Defendant Continental was not a party to the lease; the lease contained no provision binding assignees or sublessees to the covenants thereof; nor did defendant expressly assume any of the obligations of the lease.

When a party other than the lessee is…

2Cases cited2 opinions

  1. Leadbetter v. PewthererOregon Supreme Court · 1912
  2. First Nat. Bank v. Hazelwood Co.Oregon Supreme Court · 1917

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