Rogers v. Maloney
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. An action of forcible entry and detainer by Frank Rogers against James "W. Maloney, wherein a judgment was entered on a verdict of a jury in favor of plaintiff and defendant appealed. Affirmed. In Banc. Statement by Mr. Justice McCamant.
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From Umatilla: Gilbert W. Phelps, Judge. An action of forcible entry and detainer by Frank Rogers against James "W. Maloney, wherein a judgment was entered on a verdict of a jury in favor of plaintiff and defendant appealed. Affirmed. In Banc. Statement by Mr. Justice McCamant. This is an action of forcible entry and detainer which involves plaintiff’s right to the possession of a quarter-section of land in the Umatilla Indian Reservation in Umatilla County. ' Prior to September 30, 1916, the land was in the undisputed possession of the defendant, under a lease from Ellen Darr, the Indian…
1Opinion of the CourtJustice McCamant
1-4. The clause in defendant’s lease providing that it shall be binding only after approval by the superintendent of the Indian Reservation, or by the Secretary of the Interior, is a condition precedent; Wellsville Oil Co. v. Miller, 44 Okl. 493 (145 Pac. 344), 243 U. S. 6 (61 L. Ed. —, 37 Sup. Ct. Rep. 362). A condition precedent is a condition which calls for the performance of *64some act or the happening of some event after the terms of the contract have been agreed upon, before the contract shall take effect: 8 Cyc. 558. Defendant’s lease was therefore ineffective unless the foregoing…
2Cases cited14 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Seymour v. OelrichsCalifornia Supreme Court · 1909
- Carpy v. DowdellCalifornia Supreme Court · 1897
- Smiley v. BarkerCourt of Appeals for the Eighth Circuit · 1897
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
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3Cited by15 opinions
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- Bird v. Central Manufacturers Mutual InsuranceOregon Supreme Court · 1941
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