Garrett v. Bishop
Oregon Supreme Court
Appeal from Baker: Morton D. Clifford, Judge. This is a suit by Louisa Garrett to enjoin P. R. Bishop and C. H. Stuller from continuing an alleged trespass on plaintiff’s premises.
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Appeal from Baker: Morton D. Clifford, Judge. This is a suit by Louisa Garrett to enjoin P. R. Bishop and C. H. Stuller from continuing an alleged trespass on plaintiff’s premises. The facts are that plaintiff is the owner of one hundred and sixty acres of land, situated in Baker County, Oregon, through which the waters of Styce’s Gulch flow in a northerly direction, emptying into Powder River, which also flows through said land in an easterly direction; that by means of ditches connected with Styce’s Gulch in eighteen hundred and sixty-nine and eighteen hundred and seventy-five, about…
1Opinion of the Court
Opinion by
Mr. Justice Moohb.
*3521. It is contended that a parol license cannot be revoked after it has been executed' by the licensee, who, relying upon the faith of the privilege conferred, has expended money in making valuable permanent improvements. The principle contended for assumes that the outlay of money in making such improvements is equivalent to the payment of a valuable consideration for the license, which, having been executed, becomes irrevocable, and is converted into an agreement which equity will enforce, upon the theory that the licensor, having encouraged the improvements which…
2Cases cited5 opinions
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Smith v. GardnerOregon Supreme Court · 1885
- McBroom v. ThompsonOregon Supreme Court · 1894
- Lee v. McLeodNevada Supreme Court · 1877
3Cited by25 opinions
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Bowman v. BowmanOregon Supreme Court · 1899
- Hallock v. SuitorOregon Supreme Court · 1900
- Micelli v. AndrusOregon Supreme Court · 1912
- Chapman v. DeanOregon Supreme Court · 1911
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