Wolf v. Eppenstein
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This action was commenced March 8, 1913, to recover money. The plaintiffs IT.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This action was commenced March 8, 1913, to recover money. The plaintiffs IT. Wolf and Marcus Wolf on February 9, 1912, leased for the term of three years, from the first of the following month, a room on the ground floor designated as No. 93 Sixth Street, in a three-story building which they owned in Portland, Oregon, to the defendants A. P. Eppenstein and Fred N. Clark “for the purpose of conducting a liquor store to be known as a bottling business”; the lessees agreeing to pay therefor, in advance, $250 a…
1Opinion of the CourtJustice Moore
1. No demurrer to the complaint was interposed, and hence that pleading was not challenged on the ground of misjoinder of parties or of causes of action. Nor was any motion made to require the plaintiffs to elect as to whether they would proceed against the principals or the guarantor. In Tyler v. Trustees of Tualatin Academy, 14 Or. 485 (13 Pac. 320), it was held that, in a contract of guaranty, the liability of the principal and that of the guarantor was several, and they could not be joined as parties to the same action. In Bowen v. Clarke, 25 Or. 592 (37 Pac. 74), in a demise under seal…
2Cases cited22 opinions
- Osborn v. LogusOregon Supreme Court · 1894
- State v. MetschanOregon Supreme Court · 1896
- Wade v. HerndlWisconsin Supreme Court · 1906
- Milheim v. BaxterSupreme Court of Colorado · 1909
- Gilhooley v. . WashingtonNew York Court of Appeals · 1850
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3Cited by7 opinions
- Porter Construction Co. v. BerryOregon Supreme Court · 1931
- American Surety Co. v. Multnomah CountyOregon Supreme Court · 1943
- Cantua v. CreagerCourt of Appeals of Oregon · 2000
- Beers v. Beers, AdministratrixOregon Supreme Court · 1955
- Williamson v. HurlburtOregon Supreme Court · 1921
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