221 Or. 271 (1960)

351 P.2d 61


Supreme Court of Oregon.

Affirmed April 13, 1960.

Attorney(s) appearing for the Case

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

George P. Winslow and George P. Winslow, Jr., Tillamook, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and HARRIS, Justices.



The plaintiff brings this action against the defendant lessor to recover damages for an alleged breach of a covenant in a written lease. Plaintiff is the assignee of the lessee.

The parties are before us for the second time. The first appeal, also brought by the present plaintiff-appellant, was made from an order sustaining defendant's demurrer to plaintiff's complaint. We held that the trial court erred and we remanded the...

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