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BUCK v. MUELLER

207 Or. 169 (1956)

293 P.2d 736

BUCK v. MUELLER

Supreme Court of Oregon.

Reversed February 23, 1956.

Petition for rehearing denied March 21, 1956.

Attorney(s) appearing for the Case

E.R. Robnett, Portland, argued the cause for appellant. With him on the brief were Easley & Whipple, Portland.

George P. Winslow, Tillamook, argued the cause for respondent. On the brief were Winslow & Winslow, Tillamook.

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

REVERSED.

PERRY, J.

The plaintiff commenced this action against the defendant to recover damages for breach of a covenant in an executed lease granting him an option to re-lease the property of the defendant.

The defendant demurred to the complaint on the ground that the complaint failed to state a cause of action. The demurrer was sustained by the trial court, and the plaintiff has appealed.

The plaintiff's complaint, insofar as it is pertinent...

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