Alvord v. Banfield
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Action by W. C. Alvord, W. H. Beharrell and E. B. Corbett, trustees in bankruptcy of the estate of I. Gevurtz & Sons, against M. C. Banfield, to recover a deposit to secure the payment of rent. From an order dismissing the action, plaintiffs appeal. Beversed. Department 2. Statement by Mr. Justice Bean.
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From Multnomah: William N. Gatens, Judge. Action by W. C. Alvord, W. H. Beharrell and E. B. Corbett, trustees in bankruptcy of the estate of I. Gevurtz & Sons, against M. C. Banfield, to recover a deposit to secure the payment of rent. From an order dismissing the action, plaintiffs appeal. Beversed. Department 2. Statement by Mr. Justice Bean. This is an action by the trustees in bankruptcy of the estate of I. Gevurtz & Sons, a corporation, to recover $2,500 deposited by the bankrupt as a forfeit in case of a breach of the conditions of a certain lease. The trial court sustained defendant’s…
1Opinion of the CourtJustice Bean
The demurrer to the complaint is a general one. In its support the defendant relies upon two points: (1) That the sum of $2,500 sought to be recovered in this action was liquidated damages and not a penalty; (2) that there was no privity of contract between the defendant and I. Gevurtz & Sons, the bankrupt named in the complaint. There is a paucity of expression as to the facts which might have some influence in determining whether the contract in question provides for liquidated damages or a penalty in the event of a breach of any covenant on the part of the lessee. The question is presented…
2Cases cited17 opinions
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Barbre v. GoodaleOregon Supreme Court · 1896
- Salem v. AnsonOregon Supreme Court · 1902
- Hull v. AngusOregon Supreme Court · 1911
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wright v. Schutt Construction Co.Oregon Supreme Court · 1972
- Dean Vincent, Inc. v. McDonoughOregon Supreme Court · 1978
- Ray v. DonohewWest Virginia Supreme Court · 1986
- Secord v. Portland Shopping NewsOregon Supreme Court · 1928
- Learned v. HolbrookOregon Supreme Court · 1918
18 more not listed; retrieve them via the Exa API.