Halsey v. Simmons
Oregon Supreme Court
In Banc. Statement by Mr. Justice Harris. J. I). Halsey brought this action to replevy an undivided one third of a crop of wheat grown and threshed on land which Halsey had verbally leased to J. D. Simmons for the year 1916. Simmons threshed and sacked the wheat, but by reason of the threshing-machine having been moved from place to place the sacks were placed in three piles on the land.
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In Banc. Statement by Mr. Justice Harris. J. I). Halsey brought this action to replevy an undivided one third of a crop of wheat grown and threshed on land which Halsey had verbally leased to J. D. Simmons for the year 1916. Simmons threshed and sacked the wheat, but by reason of the threshing-machine having been moved from place to place the sacks were placed in three piles on the land. Halsey claimed that Simmons agreed to deliver ‘ ‘ at the machine, ’ ’ as rent, one third of all wheat grown and threshed on the land during 1916. Simmons denied that he had agreed to deliver a share of the…
1Opinion of the CourtJustice Harris
We must assume from the verdict that the jury found from the conflicting evidence that Simmons had agreed to deliver one third of the grain as rent. The assignments of error are numerous and arise out of the refusal of the court to direct a verdict for the defendants, the refusal to give certain requested instructions and the giving of other instructions. The principal assignments of error may be grouped into two classes since the defendants contend that they were entitled to a judgment (1) Because the lease created the relation of landlord and tenant and therefore the title to the wheat and…
2Cases cited14 opinions
- Guille v. Wong FookOregon Supreme Court · 1886
- Phipps v. TaylorOregon Supreme Court · 1887
- Huffman v. KnightOregon Supreme Court · 1900
- Messinger v. Union Warehouse Co.Oregon Supreme Court · 1902
- Sutherland v. CarterMichigan Supreme Court · 1883
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3Cited by7 opinions
- Devereaux Mortgage Co. v. WalkerIdaho Supreme Court · 1928
- In Re SumnerUnited States Bankruptcy Court, D. Oregon · 1986
- De Wolfe v. KupersOregon Supreme Court · 1923
- Balla v. IrelandOregon Supreme Court · 1948
- Underhill v. Allis-Chalmers Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
2 more not listed; retrieve them via the Exa API.