Stein v. Phillips
Oregon Supreme Court
From Multnomah : Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a suit by Philip Stein against R. E. Phillips and his wife to reform a written instrument, and for specific performance as reformed. For some time prior to May 2, 1903, the plaintiff occupied a store in a building in Portland belonging to Mrs. Grant, and the defendant used one adjoining on the north.
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From Multnomah : Alfred F. Sears, Jr., Judge. Statement by Mr. Chief Justice Bean. This is a suit by Philip Stein against R. E. Phillips and his wife to reform a written instrument, and for specific performance as reformed. For some time prior to May 2, 1903, the plaintiff occupied a store in a building in Portland belonging to Mrs. Grant, and the defendant used one adjoining on the north. Mrs. Grant contemplated constructing a new building on the premises, and the defendant, who was desirous of securing better accommodations for his business, applied some two or three months prior to the…
1Opinion of the Court
Mr. Chiee Justice Beak
delivered the opinion.
The written agreement, as we interpret it, did not vest in the plaintiff any right or interest in the leasehold estate which it was contemplated the defendant would subsequently acquire. It is true the proposed lease was the basis of the contract between the parties, and such contract was contingent upon the defendant’s subsequently becoming the “lessee” of the building, but the agreement was that if the defendant secured the lease he would permit the plaintiff to share equally with him in the profits and losses that might “accrue from any mutual…
2Cases cited7 opinions
- Lewis v. LewisOregon Supreme Court · 1874
- Mitchell v. HolmanOregon Supreme Court · 1897
- German American Insurance v. DavisMassachusetts Supreme Judicial Court · 1881
- Stephens v. MurtonOregon Supreme Court · 1876
- Epstein v. State InsuranceOregon Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- Hughey v. SmithOregon Supreme Court · 1913
- Smith v. Interior Warehouse Co.Oregon Supreme Court · 1908
- Hyde v. KirkpatrickOregon Supreme Court · 1915
10 more not listed; retrieve them via the Exa API.