Hotel Marion Co. v. Waters
Oregon Supreme Court
From Marion: Perot E. Kellt, Judge. Statement by Mr. Justice Benson. This is an action by the Hotel Marion Company, a corporation, against George E. Waters, to recover rent pursuant to the terms of a written lease.
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From Marion: Perot E. Kellt, Judge. Statement by Mr. Justice Benson. This is an action by the Hotel Marion Company, a corporation, against George E. Waters, to recover rent pursuant to the terms of a written lease. The allegations of the complaint are that on the 18th day of July, 1912, plaintiff leased to defendant a room in the Hotel Marion, being the first floor and basement south of the room occupied by plaintiff as a bar, for a term beginning January 1,1912, and ending January 1,1915; that plaintiff put defendant into possession of the premises and has ever since maintained the same in a…
1Opinion of the CourtJustice Benson
It will be seen at once that the questions involved are reducible to two: (1) Was there a surrender of the leasehold by the transfer of possession by defendant to Tooze, and an acceptance of the latter as a tenant by plaintiff? And (2) was there a constructive eviction of Tooze by the act of plaintiff in boarding up the archway? These questions were submitted to the jury and were both answered in the affirmative. The following questions were submitted to the jury for special findings at the request of the plaintiff and were answered as follows:
*429“Did the defendant assign the lease in question…
2Cases cited6 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Edmison v. LowrySouth Dakota Supreme Court · 1892
- Wusthoff v. SchwartzWashington Supreme Court · 1903
- Leadbetter v. PewthererOregon Supreme Court · 1912
- Bowen v. HaskellSupreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Title & Trust Co. v. Durkheimer Investment Co.Oregon Supreme Court · 1936
- Abrahamson v. BrettOregon Supreme Court · 1933
- Thirteenth & Washington Sts. Corp. v. NeslenUtah Supreme Court · 1953
- Hudson v. Ukiah Water & Improvement Co.California Supreme Court · 1918
- Maki Et Ux v. NikulaOregon Supreme Court · 1960
5 more not listed; retrieve them via the Exa API.