Legal Opinion

Depot Realty Syndicate v. Enterprise Brewing Co.

Oregon Supreme Court

Decided December 20, 1917Published

From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant.

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From Multnomah: Calvin TJ. Gantenbein, Judge. Statement by Mr. Justice Moore. This is an action by the Depot Bealty Syndicate, an Oregon corporation, against the Enterprise Brewing Company, a California corporation doing business in this state, to recover $1,450 as arrears of rent reserved in a lease executed by the plaintiff to John Balsón, the payment of which sum is alleged to have been guaranteed by the defendant. A demurrer to the initiatory pleading on the ground that it did not state facts sufficient to constitute a cause of action having been overruled, an answer was filed denying the…

1Opinion

Denied March 5, 1918.

On Petition for Rehearing. Rehearing Denied.

*574Department 2.

2Opinion of the CourtJustice Moore

In a petition for rehearing it is insisted that the defendant was under no legal obligation to reply to the plaintiff’s letter of January 11, 1915, containing the information that the term of the lease had been extended two months, from November 1st of that year and the monthly rent of $200 reduced to $125 to May 1,1915, and to $150 for the remainder of the term, which modification was made pursuant to an agreement with C. B. Williams, the agent of the defendant, with the understanding that its guaranty would…

3Cases cited4 opinions

  1. Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1912
  2. Reid v. Alaska Packing Co.Oregon Supreme Court · 1905
  3. State v. MacFarlandSupreme Court of New Jersey · 1912
  4. Curtze v. Iron Dyke Mining Co.Oregon Supreme Court · 1905

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