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LOE v. KLEIN ET AL.

191 Or. 654 (1951)

233 P.2d 209

LOE v. KLEIN ET AL.

Supreme Court of Oregon.

Affirmed June 20, 1951.

Attorney(s) appearing for the Case

George A. Rhoten argued the cause for appellants. On the brief were Rhoten & Rhoten and Sam F. Speerstra, all of Salem.

Roy R. Hewitt, of Salem, argued the cause and filed a brief for respondent.

Before BRAND, Chief Justice, and HAY, ROSSMAN and LATOURETTE, Justices.

AFFIRMED.

HAY, J.

Suit in equity for relief, on the ground of excusable accident or mistake, against forfeiture of a lease of real property, and for an injunction.

Defendants, on April 4, 1945, entered into a written agreement whereby they leased to plaintiff 140 acres of land, more or less, in Marion County, Oregon, for the period from April 4, 1945, to and until October 1, 1953. The agreed rental was (a) $1,000 cash upon execution of the lease, which...

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