Legal Opinion

Ashmun v. Nichols

Oregon Supreme Court

Decided February 4, 1919PublishedCited by 48 opinions

From Multnomah: William' L. Bradshaw, Judge. Department 2. Plaintiff alleges that the defendant was the owner of Lot 1, Block 182, in the City of Portland; that in December, 1918, she made an oral lease thereof and of the dwelling-house thereon, at a monthly rental of $25; that the defendant promised and agreed to make certain repairs on the premises and to keep them in good condition; that on October 9, 1916, while in possession of the premises under such verbal lease,…

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From Multnomah: William' L. Bradshaw, Judge. Department 2. Plaintiff alleges that the defendant was the owner of Lot 1, Block 182, in the City of Portland; that in December, 1918, she made an oral lease thereof and of the dwelling-house thereon, at a monthly rental of $25; that the defendant promised and agreed to make certain repairs on the premises and to keep them in good condition; that on October 9, 1916, while in possession of the premises under such verbal lease, plaintiff undertook to go down the stairway leading from the first floor of the building into the basement, for the purpose…

1Opinion of the CourtJohns, J.

It appears that at the time of the leasing the building in question was very old, out of repair and in a dilapidated condition ■, that it was only a mat*227ter of a short time until it would have to be torn down; that it was necessary that certain improvements should be made before it would be a fit or suitable place for habitation; that certain repairs were then made and during the three-year period of the leasing the landlord continued to make minor and inexpensive repairs, and that the agreed rental was paid.

There was an old stairway leading to the basement in which the plaintiff kept her wood…

2Cases cited3 opinions

  1. Mesher v. OsborneWashington Supreme Court · 1913
  2. Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
  3. First National Bank v. Oregon Paper Co.Oregon Supreme Court · 1903

3Cited by48 opinions

  1. Georgetown Realty, Inc. v. Home InsuranceOregon Supreme Court · 1992
  2. Securities-Intermountain, Inc. v. Sunset Fuel Co.Oregon Supreme Court · 1980
  3. Grayson v. MuckleroySupreme Court of Alabama · 1929
  4. Schweiger v. SolbeckOregon Supreme Court · 1951
  5. Abraham v. T. Henry Construction, Inc.Oregon Supreme Court · 2011

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