Legal Opinion

Shaw v. Corbett

Oregon Supreme Court

Decided December 9, 1919PublishedCited by 1 opinion

Prom Baker: Gtustav Anderson, Judge. In Banc. The plaintiffs leased to the defendant some real property with some livestock and farm machinery on the premises, for the term of five years, for a share of the products of the leased property.

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Prom Baker: Gtustav Anderson, Judge. In Banc. The plaintiffs leased to the defendant some real property with some livestock and farm machinery on the premises, for the term of five years, for a share of the products of the leased property. They allege that he failed to comply with the terms of the lease, specifying particulars, and that he abandoneed the same and the premises but having done so, continues to assert some right or claim by virtue thereof and refuses to cancel the lease. Claiming this to be a cloud upon their title obstructing the alienation or other disposition of the property…

1Opinion of the CourtBurnett, J.

1, 2. From the conclusions of law quoted in thé abstract, the Circuit Court seems to have proceeded upon the theory that although the defendant had breached the terms off the lease, yet inasmuch as the plaintiffs had sold the property to a man whom the defendant claims to have induced to purchase the same, they had accepted the latter’s services and could not be said to have come into equity with clean hands, and hence were not entitled to relief. The defendant does not plead any master by way of estoppel. The answer was demurrable so far as the alleged employment of himself as a real’ estate…

2Cited by1 opinion

  1. Oklahoma Leader v. State Industrial CommissionSupreme Court of Oklahoma · 1924

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