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McCREIGHT ET UX v. GIRARDO

205 Or. 223 (1955)

280 P.2d 408

287 P.2d 414

McCREIGHT ET UX v. GIRARDO

Supreme Court of Oregon.

Argued on rehearing April 27, 1955.

Affirmed March 2, 1955.

Former opinion withdrawn, reversed and remanded September 9, 1955.

Attorney(s) appearing for the Case

Edwin J. Welsh, Portland, argued the cause for appellants. With him on the brief were Jack M. McLaughlin and McCarty, Dickson & Swindells, Portland.

Richard F. Deich, Portland, argued the cause for respondent. On the brief were Bryson and Deich, Portland.

Before WARNER, Chief Justice, and LUSK, BRAND and LATOURETTE, Justices.

AFFIRMED.

LATOURETTE, J.

Declaratory judgment proceeding to construe a lease.

On March 10, 1950, Clarence Gibbs leased the premises upon which there is a gasoline filling station to defendant John Girardo. On January 10, 1951, Gibbs sold the property to plaintiffs. The lease was for a period of one year at a rental of $250 a month, payable monthly in advance on the 10th day of each calendar month. The controversy...

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