Dellwo v. Edwards
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. Statement by Mr. Justice Bean. This is a suit by N. Dellwo against S. A. Edwards for an accounting. A decree was rendered in the Circuit Court in favor of the defendant for the sum of $1,590.80. The controversy arose out of the following transaction: On November 30, 1908, plaintiff Dellwo leased to defendant Edwards 1,230 acres of land in Umatilla County for the purpose of raising grain thereon.
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From Umatilla: Gilbert W. Phelps, Judge. Statement by Mr. Justice Bean. This is a suit by N. Dellwo against S. A. Edwards for an accounting. A decree was rendered in the Circuit Court in favor of the defendant for the sum of $1,590.80. The controversy arose out of the following transaction: On November 30, 1908, plaintiff Dellwo leased to defendant Edwards 1,230 acres of land in Umatilla County for the purpose of raising grain thereon. The written lease contained the usual covenants in such leases, and provided, among other things, that Edwards would farm the land according to the best custom…
1Opinion of the CourtJustice Bean
1. In the brief of counsel for defendant considerable space is taken discussing the evidence and the findings of the court in regard to the three items allowed the plaintiff as an offset. The defendant did not take an appeal or cross-appeal from the decree, and therefore it is presumed that it was satisfactory to him, and any questions not raised by the plaintiff, who is appellant, do not require consideration. The three items referred to may therefore be passed. The plaintiff practically accedes to the finding of the trial court as to the $2.50 per acre for plowing and cultivating 692 acres,…
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