Moumal v. Parkhurst
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 1. On May 13,1913, the defendants were, and now are, the owners of Lots 1 and 4 in Bloch 18 of Couch’s Addition to the City of Portland and then executed a lease thereof, with a building to be erected thereon, to the plaintiff and P. J. Maher for the term of ten years; for which they received $10,000 under the terms and conditions of the lease, a copy of which is made a part of the complaint and in which it is provided: ‘ ‘…
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From Multnomah: George N. Davis, Judge. Department 1. On May 13,1913, the defendants were, and now are, the owners of Lots 1 and 4 in Bloch 18 of Couch’s Addition to the City of Portland and then executed a lease thereof, with a building to be erected thereon, to the plaintiff and P. J. Maher for the term of ten years; for which they received $10,000 under the terms and conditions of the lease, a copy of which is made a part of the complaint and in which it is provided: ‘ ‘ The said lessees do further by these presents hereby deposit and turn over to the lessor the sum of Ten Thousand Dollars…
1Opinion of the Court
JOHNS, J. —
1. For the purposes of this opinion all of the material allegations of the complaint are deemed to be true and the question presented is whether, under the terms and provisions of the lease, the $10,000 was a deposit or an actual payment, and whether the money is to be treated as a penalty or as liquidated damages. There is no provision in the lease for a reletting of the premises by the landlord on account of the tenant for nonpayment of rent or the breach of any covenant. It is alleged that the defendants evicted plaintiff from the premises and thereby terminated the lease and…
2Cases cited5 opinions
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Cranston v. West Coast Life InsuranceOregon Supreme Court · 1912
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- Cunningham v. StockonSupreme Court of Kansas · 1910
- Northern Brewery Co. v. Princess HotelOregon Supreme Court · 1915
3Cited by9 opinions
- Sunset Fuel & Engineering Co. v. ComptonCourt of Appeals of Oregon · 1989
- City Investment Co. v. PringleCalifornia Court of Appeal · 1925
- Sinclair v. BurkeOregon Supreme Court · 1929
- Walter H. Sullivan, Inc. v. JohnsonCalifornia Court of Appeal · 1931
- Jensen v. SparkesCourt of Appeals for the Ninth Circuit · 1931
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