Hooper v. Pennick
Oregon Supreme Court
From Union: J. W. Knowles, Judge. In Banc. In August, 1919, tlie defendant leased to plaintiff by verbal lease bis Bed Apple Farm in Union County, Oregon, for tbe period of one year. Tbe stock of tbe defendant and plaintiff were to be kept on the farm.
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From Union: J. W. Knowles, Judge. In Banc. In August, 1919, tlie defendant leased to plaintiff by verbal lease bis Bed Apple Farm in Union County, Oregon, for tbe period of one year. Tbe stock of tbe defendant and plaintiff were to be kept on the farm. Under the terms of the lease, plaintiff was to cultivate the farm, and harvest the crops at his own expense, and at his own expense to do all the repair-work in keeping np the fences on the farm, defendant to furnish material therefor. As rental the plaintiff was to deliver to defendant one half of all crops grown on the farm. Differences…
1Opinion of the CourtBean, J.
1. Objection is made by defendant because the court did not try the equitable or fraud defense prior to the law action and not in the presence of the jury. No objection was made by defendant at the trial on account of this procedure which was had to save time. It is now too late for defendant to complain. The defendant tacitly consented to try the equitable defense and the defendant’s counter*386claims at the same time. The court merely rendered its decision, which was tantamount to informing the jury that the award was conclusive upon the parties as to all matters submitted to the arbitrators.
The…
2Cases cited4 opinions
- Roberts Bros. v. Consumers Can Co.Court of Appeals of Maryland · 1905
- Brush v. FisherMichigan Supreme Court · 1888
- Small v. LutzOregon Supreme Court · 1902
- Cody Lumber Co. v. CoachOregon Supreme Court · 1915
3Cited by15 opinions
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Sloan v. Journal Publishing Co.Oregon Supreme Court · 1958
- Crossen v. CampbellOregon Supreme Court · 1921
- Jacob v. Pacific Export Lumber Co.Oregon Supreme Court · 1931
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