48 P. 172 | Or. | 1897
Opinion by
This is an action by Theodore Liebe against Louis Nicolai and Theodore Nicolai, to recover the possession
The evidence also shows that the defendants are the owners in fee of the Merchants’ Hotel Building in the City of Portland, and a brick store in the same block, both of which were demised to one Jacob Haas by separate agreements, the latter for the term of four years from January 1, 1892, at the monthly rental of $75, the first installment thereof payable on the first day of the term, the lessee covenanting to deliver up the premises at the end of the term, “and all future erections and additions to or upon the same,” and that, if the rent should be in arrear for the space of thirty days, the lessors might enter 'upon the premises and repossess the same as of their former estate. Haas assigned this lease to Eugene and Mary B. Stebinger, and Stebinger placed in the store an electric-light plant, consisting of a boiler and engine, three dynamos, two rheostats, two ampere meters, one volt meter, one lighting dynamo, and the necessary tools, and, having extended a system of wires from the dynamos, furnished electric lights to be used in said hotel and other buildings in the north part of the city. On February 19, 1894, Stebinger, being indebted to the defendants in the sum of $2,780, on account of rent of the premises up to the first day of the next month, executed to them a chattel mortgage on certain property in the hotel, to secure the payment of the amount so due, and on April 4 of that year executed the mortgage above mentioned to plaintiff, which includes with other property all the electriq-light plant, except the boiler and engine; and,
Affirmed.