Weaver v. Southern Oregon Co.
Oregon Supreme Court
From Coos: J. C. Fullerton, Judge. This action was commenced in October, 1894, to recover for the use and occupation by the defendant of certain premises belonging to the plaintiff.
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From Coos: J. C. Fullerton, Judge. This action was commenced in October, 1894, to recover for the use and occupation by the defendant of certain premises belonging to the plaintiff. The complaint contains two causes of Action, in the first of which it is, in substance, alleged that on the twenty-fourth day of July, 1882, by a certain agreement or lease in writing, a copy of which is annexed to and made part of the complaint, the plaintiff demised to one H. H. Luse a right of way for a logging tramway or railroal over certain premises belonging to him for the term of ten years at an annual…
1Opinion of the CourtJustice Bean
1. The contention for the defendant seems to be that the statement .of the first cause of action is insufficient because it does not show a liability on the part of the defendant under the terms and conditions of the lease from the plaintiff to Luse. But we do not understand this to be an action on the lease, but for use and occupation of the premises by the defendant, with plaintiff’s consent, after the expiration of such lease, and that the allegations concerning the lease to Luse were intended as a mere matter of inducement for the purpose of showing the circumstances under which defendant…
2Cases cited1 opinion
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
3Cited by4 opinions
- Ranch v. WerleyU.S. Circuit Court for the District of Oregon · 1907
- Hildebrand v. United ArtisansOregon Supreme Court · 1905
- Myers v. CarterCourt of Appeals of Oregon · 1976
- Jackson v. GreenSupreme Court of Oklahoma · 1903