Wentworth v. Winton Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is an action to recover money. The complaint contains two causes of action. The Portland Motor Car Company was an Oregon corporation.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. This is an action to recover money. The complaint contains two causes of action. The Portland Motor Car Company was an Oregon corporation. The defendant is an Ohio corporation engaged in the manufacture of automobiles, with its principal office in Cleveland, Ohio; and, although its name was changed twice during the period covered by this controversy, it will at all times be referred to as the Winton Company, its present name. The Portland Motor Car Company had a contract with the Winton Company under the terms of which the former was…
1Opinion of the CourtHarris, J.
The trial court ruled that the defendant was liable for the rent for the month of February, but that it was not liable for the rent for the month of January. The first cause of action, which relates to the rent, proceeds on the theory that it was agreed between the two corporations that in consideration of the termination of the agency the "Winton Company would take over the lease and assume the payment of the rentals “from and after the first day of January, 1913.’ The written contract does not say that the defendant shall pay the rentals from and after January 1, 1913. This paper, it will…
2Cases cited3 opinions
- Aerne v. GostlowOregon Supreme Court · 1911
- Hillyard v. HewittOregon Supreme Court · 1912
- Leavitt & Co. v. DimmickOregon Supreme Court · 1917