Eckern v. Casey

Decided September 15, 1914

Oregon Supreme Court · decided 1914-09-15

From Multnomah: Henry E. McGinn, Judge. This is an action by Anthon Eckern against J. D. Casey and J. H. Hutchinson to collect rent, wherein plaintiff recovered judgment, and the defendants appeal. Under the proviso of Eule 18 of the Supreme Court (56 Or. 622,117 Pac. xi), the case was submitted on briefs, with'out argument.

Reversed · Decided 1914-09-15

Mr. Justice Bean

¶1delivered the opinion of the court.

¶2This is an action to collect rent under the same lease involved in the case of Toomey v. Casey, ante, p. 290 (142 Pac. 621). Plaintiff had judgment, and defendants appeal. The case involves practically the same questions as the case above mentioned, and what was *353there said need not be repeated here. After a careful review of the opinion in that ease, we adhere to the same; and for the same reasons announced therein, the judgment of the lower court is reversed and the cause remanded for such further proceedings as may be deemed proper, not inconsistent herewith.

¶3Reversed.