Weiler v. Henarie
Oregon Supreme Court
Appeal from Multnomah County. 1. The contract is entire, not severable. It in effect provides that the respondents shall, at the end of the term, receive the full sum of $5,133, and that appellant will make up any deficiency, together with damages, if any. 2. The former recovery is a bar.
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Appeal from Multnomah County. 1. The contract is entire, not severable. It in effect provides that the respondents shall, at the end of the term, receive the full sum of $5,133, and that appellant will make up any deficiency, together with damages, if any. 2. The former recovery is a bar. (Fish v. Foley, 6 Hill, 56; Atwood v. Norton, 27 Barb. 647; Colburn v. Woodworth, 31 Barb. 384.) 3. Respondents must show diligence to recover the debt from the principal debtor. • (Woods v. Sherman, 71 Pa. 101; Shepherd v. Phears, 35 Tex. 763; Wheeler v. Lewis, 11 Yt. 265; Cady v. Shelton, 38. Barb. 103;…
1Opinion of the CourtThayER, J.
The respondents commenced an action in the court below against the appellant to recover the sum of four hundred dollars, alleged to be due upon a written guaranty, executed by him to the respondents. It is stated in the complaint in substance, that on March 1, 1886, the respondents leased certain premises in Portland to Edward Martin for twenty-five and two thirds months “at two hundred and fifty dollars per month, monthly in advance”; and the appellant, in consideration of the lease, and of one dollar, guaranteed the- payment of two hundred dollars per month of said rent for the whole…
2Cases cited3 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Isett v. HogeSupreme Court of Pennsylvania · 1833
- Sherman v. RobertsSupreme Court of Pennsylvania · 1855
3Cited by12 opinions
- Racke v. Anheuser-Busch Brewing Ass'nCourt of Appeals of Texas · 1897
- Schaeffer v. Alva West & Co.Ohio Court of Appeals · 1936
- Delsman v. FriedlanderOregon Supreme Court · 1901
- United States v. BaumanDistrict Court, D. Oregon · 1943
- Depot Realty Syndicate v. Enterprise Brewing Co.Oregon Supreme Court · 1917
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