WILSON ET UX. v. KRUSE


199 Or. 1 (1953)

258 P.2d 112

WILSON ET UX. v. KRUSE

Supreme Court of Oregon.

Modified June 12, 1953.

Petition for rehearing denied July 8, 1953.


Attorney(s) appearing for the Case

William J. Masters, of Portland, argued the cause for appellant. On the brief were Masters & Masters, of Portland.

Walter J. Cosgrave, of Portland, argued the cause for respondents. With him on the brief were Maguire, Shields, Morrison and Bailey, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, TOOZE and PERRY, Justices.


MODIFIED.

LATOURETTE, C.J.

Plaintiffs sued for treble damages for waste alleged to have been committed and permitted by defendant. The jury awarded $500, compensatory damages, whereupon the trial court, pursuant to § 8-405, OCLA, awarded treble damages.

The facts are that plaintiffs leased to defendant certain premises in Multnomah county, Oregon, for a period of five years, beginning January 1, 1945, and...

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