West v. Backus
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Department 1. This is an action in replevin. • The plaintiffs and the defendants Backus entered into a written contract, on June 30, 1916, whereby plaintiffs leased to defendants their farm for a term of five years, delivering to the lessees certain livestock, consisting of cows, horses, pigs, poultry, and a considerable supply of farming and dairying implements and equipment, and also left upon the premises and under the control of the…
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From Columbia: James A. Eakin, Judge. Department 1. This is an action in replevin. • The plaintiffs and the defendants Backus entered into a written contract, on June 30, 1916, whereby plaintiffs leased to defendants their farm for a term of five years, delivering to the lessees certain livestock, consisting of cows, horses, pigs, poultry, and a considerable supply of farming and dairying implements and equipment, and also left upon the premises and under the control of the lessees certain, other personal property, which is enumerated in the complaint, which pleading alleges that the lessees…
1Opinion of the CourtBenson, J.
Plaintiffs’ numerous assignments of error are founded upon the theory that the lease was not assignable, and that they were entitled to introduce evidence to show that the contract was based *120upon the special skill and reliability of the lessees, in support of their contention that the sublease was a violation thereof. It is also urged that evidence tending to establish the breach of other conditions of the lease should have been admitted to establish their right of re-entry, and to recover the personal property, and further, that it was error to grant a nonsuit as to the defendants J. E.…
2Cases cited7 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Lyon v. LenonIndiana Supreme Court · 1886
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Bretz v. DiehlSupreme Court of Pennsylvania · 1888
- Meyer v. LivesleyOregon Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Penick v. EddlemanTexas Commission of Appeals · 1927
- Shepherd v. AllenOregon Supreme Court · 1970
- Vaughan v. WilsonOregon Supreme Court · 1955
- Vaughan v. WilsonOregon Supreme Court · 1955
- Wilson v. CommissionerUnited States Tax Court · 1956