Wade v. Amalgamated Sugar Co.
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by Aaron Wade against the Amalgamated Sugar Company, a private corporation. The facts are as follows: The plaintiff leased his lands to the defendant. In the contract of leasing the defendant agreed that it would work the land in a husbandlike manner and keep the same reasonably free and clear from weeds.
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From Wallowa: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by Aaron Wade against the Amalgamated Sugar Company, a private corporation. The facts are as follows: The plaintiff leased his lands to the defendant. In the contract of leasing the defendant agreed that it would work the land in a husbandlike manner and keep the same reasonably free and clear from weeds. The complaint charged that in the spring of 1912 the defendant sowed such weeds as mustard and wild oats, which rendered the soil foul and unclean; that the defendant allowed them to mature, and the…
1Opinion of the CourtJustice Burnett
1. It is claimed by the defendant that the court erred in admitting evidence of the opinions of witnesses who claimed they were skilled farmers and who testified that it would cost from $10 to $12 per acre to exterminate the weeds and put the land in good condition. The defendant contends that this establishes the expense as the measure of damages. We do not understand from the record that the court declared that to be the measure of damages, but that the testimony was admitted as tending to illustrate the situation whereby the jury might determine, using that as one element of their…
2Cases cited3 opinions
- Adkins v. MonmouthOregon Supreme Court · 1902
- Harding v. Oregon-Idaho Co.Oregon Supreme Court · 1910
- Alden v. Grande Ronde Lumber Co.Oregon Supreme Court · 1905
3Cited by15 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Natwick v. MoyerOregon Supreme Court · 1945
- State Highway Commission v. DemarestOregon Supreme Court · 1972
- Marks v. Columbia County Lumber Co.Oregon Supreme Court · 1915
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