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C & K MARKET, INC. v. ROCCASALVA

EV100082; A145200.

265 P.3d 81 (2011)

246 Or. App. 277

C & K MARKET, INC., an Oregon corporation, Plaintiff-Appellant, v. Giorgio ROCCASALVA, an individual, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 26, 2011.

Attorney(s) appearing for the Case

David W. Melville argued the cause for appellant. With him on the briefs were J. Matthew Donohue , Law Offices of David Melville, and Markowitz, Herbold, Glade & Mehlhaf, P.C.

John E. Laherty , Bend, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

In this commercial forcible entry and detainer (FED) action, the issue presented is whether, by continuing to accept a tenant's rental payments made pursuant to a lease agreement that had been terminated by a landlord because of the tenant's breach, the landlord elected to continue the lease notwithstanding the breach. Our resolution of that issue—raised in plaintiffs first assignment of error—obviates the need to address plaintiffs other...

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