Smith v. Hughey
Oregon Supreme Court
From Tillamook: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Hiram W. Smith against James Ilughey and Wesley Bush, administrator of the estate of Mary Hughey, deceased. The facts appear to be as follows: James and Mary Hughey, since deceased, were the owners of a farm in Tillamook County, which they leased to Smith for a period of 12 years.
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From Tillamook: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Hiram W. Smith against James Ilughey and Wesley Bush, administrator of the estate of Mary Hughey, deceased. The facts appear to be as follows: James and Mary Hughey, since deceased, were the owners of a farm in Tillamook County, which they leased to Smith for a period of 12 years. The lease was executed in June, 1911, and possession was to be given on the 1st day of April, 1912. The purpose of the lease was for a dairy farm, and the lessee was prohibited from subletting the…
1Opinion of the Court
Opinion by
Mr. Chibe Justice McBride.
1, 2. There is no allegation of special damage and no allegation that plaintiff had incurred any expense in preparing to occupy the place, nor that he had any particular number of cows to put upon it. The only testimony on that subject is that the place would sustain a dairy herd of 50 cows, and that the value of the use under such circumstances would be somewhere between $4,000 and $5,000. The plaintiff had paid no rent and, so far as the. testimony indicates, had gone to *411no expense in the matter of preparing to occupy the place. The value of the use and…
2Cases cited5 opinions
- Kenny v. CollierSupreme Court of Georgia · 1887
- Alexander v. BishopSupreme Court of Iowa · 1882
- Hahn v. MackayOregon Supreme Court · 1912
- Huiest v. MarxMissouri Court of Appeals · 1896
- Cannon v. WilburNebraska Supreme Court · 1890
3Cited by5 opinions
- Weiss v. Revenue Building & Loan Ass'nSupreme Court of New Jersey · 1936
- Wyuta Cattle Co. v. ConnellWyoming Supreme Court · 1931
- James H. Herron Co. v. JonesOhio Court of Appeals · 1927
- Glaubitz v. MeyerSupreme Court of Minnesota · 1921
- Mounts v. Reed Stores Co.Supreme Court of Oklahoma · 1925