Gearin v. Rothchild Bros.
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. See, also, 88 Or. 403 (170 Pac. 923). Department 2. On October 5, 1906, the plaintiff leased to the defendant for a period of 23 years from April 1, 1907, lot 4 in block 64 of the City of Portland, whereby the defendant covenanted and agreed to pay the plaintiff a monthly rental of $1,200 for the first 21 years of the lease, and $1,450 monthly for the remaining 2 years.
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From Multnomah: Robert Tucker, Judge. See, also, 88 Or. 403 (170 Pac. 923). Department 2. On October 5, 1906, the plaintiff leased to the defendant for a period of 23 years from April 1, 1907, lot 4 in block 64 of the City of Portland, whereby the defendant covenanted and agreed to pay the plaintiff a monthly rental of $1,200 for the first 21 years of the lease, and $1,450 monthly for the remaining 2 years. The complaint alleges that the defendant failed, neglected and refused to pay rental for the months of May and June,' 1916, or any part thereof; and that there is now due and owing $2,400…
1Opinion of the CourtJohns, J.
1. The lease now before this court is the identical instrument upon which the action was brought in the case of Gearin v. Rothchild, 88 Or. 403 (170 Pac. 923), is between the same parties and concerns the same property. Both, cases are for arrears of rent prior to forfeiture, and the causes of action are identical in form, differing only as to the months’ rental for which recovery is sought. The earlier litigation was for arrears of rent for half the month of March and the month of April, 1916, and the instant action is to recover rent for the months of May, June, July and August of the same…
2Cases cited1 opinion
- Gearin v. Rothchild Bros.Oregon Supreme Court · 1918