Fluhrer v. Bramel

• Decision Date: 16 November 1937
• Citation: Fluhrer v. Bramel, 158 Or. 694, 73 P.2d 265 (Or. 1937)
• Parties: FLUHRER v. BRAMEL, et al.
• Court: Oregon Supreme Court

73 P.2d 265

158 Or. 694

FLUHRER v. BRAMEL, et al.

Supreme Court of Oregon

November 16, 1937

In Banc.

Appeal from Circuit Court, Multnomah County; Hall S. Lusk, Judge.

On rehearing.

Former opinion reversed.

For former opinion, see 72 P.2d 47.

BEAN, Chief Justice.

On motion of respondent Fluhrer, an order was issued dismissing the appeal in the above entitled cause taken by the defendant Bramel, in so far as said defendant appeals from the decree in favor of plaintiff, for the reason that said defendant has, since the entry of said decree in the lower court acquiesced therein.

The decree appealed from rescinded the contract between plaintiff and defendant Bramel for the sale of a certain service station situated at 8140 S.W. Macadam avenue, Portland, Or on land which defendant W.E. Bramel held on a lease. The cause was dismissed mainly for the reason that W.E. Bramel had, as it appeared at that time, acquiesced in the decree by leasing the service station to Wolfer's Automotive Service, Inc., after the rendition of the decree appealed from. See (Ore.) 72 P.2d 47.

Upon a petition for rehearing it is shown that the lease from W.E Bramel to Wolfer's Automotive Service, Inc. was made before the decree of the lower court was rendered in the above entitled case. For this reason the order dismissing the appeal taken by Bramel, in so far as said defendant appeals from the decree in favor of plaintiff,...