Myer v. Roberts
Oregon Supreme Court
From Marion: George H. Burnett, Judge. ' Statement by Mr. Chief Justice Bean. This is an action in trover by J. W. Myer against John J. Roberts and T. A. Livesley for the conversion by defendants of 21,913 pounds of hops alleged to belong to the plaintiff.
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From Marion: George H. Burnett, Judge. ' Statement by Mr. Chief Justice Bean. This is an action in trover by J. W. Myer against John J. Roberts and T. A. Livesley for the conversion by defendants of 21,913 pounds of hops alleged to belong to the plaintiff. The facts are these: On March 7, 1900, I. M. Simpson, being the owner of a hop yard in Polk County, leased it, with the improvements, certain farming implements and personal property, to the defendants for the years 1900 to 1904, inclusive. On October 25, 1902, the defendants sublet the yard on shares to W. D. Huston for the years 1903 and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The lease or agreement between the defendants and Huston for the possession and cultivation of the hop yard for the years 1903 and 1904 was a personal contract and not assign-, able to a third person without consent of defendants. • An *85attempt to make such an assignment would work a forfeiture of Huston’s interest and give the defendants an immediate right of re-entry: Meyer v. Livesley, 45 Or. 487 (106 Am. St. Rep. 667: 78 Pac. 670); Randall v. Chubb, 46 Mich. 311 (41 Am. Rep. 165: 9 N. W. 429). When, therefore, Huston undertook to assign his interest to…
2Cases cited15 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Churchill v. AckermanWashington Supreme Court · 1900
- Randall v. ChubbMichigan Supreme Court · 1881
- Samson v. . RoseNew York Court of Appeals · 1875
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3Cited by13 opinions
- Francis Bros. v. SchallbergerOregon Supreme Court · 1931
- Mehl v. NortonSupreme Court of Minnesota · 1937
- Falk v. AmsberryOregon Supreme Court · 1977
- Matter of Daben Corp.District Court, D. Puerto Rico · 1979
- In Re Estate of GroomsSupreme Court of Iowa · 1927
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