Sherman, Clay & Co. v. Buffum & Pendleton
Oregon Supreme Court
From Multnomah.: George N. Davis, Judge. Department 2. This is an action to recover $700, balance of rent for a certain building. The cause was tried before the court and a jury. At the close of all the testimony on motion of counsel for plaintiff the court directed the jury to find a verdict for plaintiff. From a resulting judgment, defendant appeals.
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From Multnomah.: George N. Davis, Judge. Department 2. This is an action to recover $700, balance of rent for a certain building. The cause was tried before the court and a jury. At the close of all the testimony on motion of counsel for plaintiff the court directed the jury to find a verdict for plaintiff. From a resulting judgment, defendant appeals. The action involves the following transactions: About January 10, 1910, Sherman, Clay & Co., a California corporation, duly licensed to do business in the State of Oregon, leased from L. B. Stearns and Mary F. Steams a certain 4-story brick…
1Opinion of the CourtBean, J.
Upon the trial of the cause there was testimony tending to show that the general manager Mr. Dundore, on behalf of plaintiff under the circumstances as alleged in defendant’s answer, agreed to reduce the rent as alleged. This was contradicted on the part of plaintiff by the testimony of Mr. Dundore, the general manager of plaintiff in Oregon. It was contended on behalf of plaintiff upon the trial that the general manager had no authority to make the alleged agreement and that such authority must be shown to be in writing, and further that evidence of an oral agreement to change the terms of…
2Cases cited21 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Huber v. MillerOregon Supreme Court · 1902
- Edwards v. PerkinsOregon Supreme Court · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lieberman v. . Templar Motor Co.New York Court of Appeals · 1923
- Musulin v. Woodtek, Inc.Oregon Supreme Court · 1971
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- United Farm Agency v. McFarlandOregon Supreme Court · 1966
- Real Estate Loan Fund Oreg. Ltd. v. HevnerCourt of Appeals of Oregon · 1985
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