Webb v. Isensee
Oregon Supreme Court
Statement by Mr. Justice Burnett. This is a suit by Lillie T. Webb against William Xsensee, consolidated with two actions at law by defendant Isensee against plaintiff. The following are the facts: On October _ 27, 1909, William Isensee, as owner thereof, leased to C. H. Thoren and Emma A. Thoren an apartment house, then under construction, for a term of three years, to commence at the completion of the building, with the privilege of an extension of one additional year.
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Statement by Mr. Justice Burnett. This is a suit by Lillie T. Webb against William Xsensee, consolidated with two actions at law by defendant Isensee against plaintiff. The following are the facts: On October _ 27, 1909, William Isensee, as owner thereof, leased to C. H. Thoren and Emma A. Thoren an apartment house, then under construction, for a term of three years, to commence at the completion of the building, with the privilege of an extension of one additional year. The structure appears to have been finished and the occupation began February 15, 1910. The rent reserved was $400 per…
1Opinion of the CourtJustice Burnett
1. The contention centers around the proper legal construction to be given to the writing of January 31, 1912, signed by Isensee and the Webbs. It must be remembered that this document, although it appears to be attached to the original lease to the Thorens, was dated prior to the assignment of the latter by them to the Webbs. The plaintiff claims that the paper of January 31, 1912, constitutes one of the conditions of the original lease of which she is assignee, *120entitled to enforce the same as thus amended and so obtain a new lease. At the time of the execution of the instrument by Isensee…
2Cases cited5 opinions
- House v. JacksonOregon Supreme Court · 1893
- Clarno v. GraysonOregon Supreme Court · 1896
- Kingsley v. KresslyOregon Supreme Court · 1911
- Corbitt & Macleay v. Salem Gaslight Co.Oregon Supreme Court · 1877
- Mitchell v. TaylorOregon Supreme Court · 1895
3Cited by2 opinions
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Webb v. IsenseeOregon Supreme Court · 1917