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BENNETT v. PRATT

228 Or. 474 (1961)

365 P.2d 622

BENNETT v. PRATT

Supreme Court of Oregon.

Reversed and remanded with instructions October 18, 1961.

Attorney(s) appearing for the Case

William H. Boland, Portland, argued the cause for appellant. With him on the brief was B.G. Skulason, Portland.

M.M. Orona, Lebanon, argued the cause for respondent. On the brief were Morley, Thomas & Orona, Lebanon.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and BRAND, Justices.

REVERSED AND REMANDED WITH INSTRUCTIONS.

BRAND, J.

This is a suit by the plaintiff lessee, Paul James Bennett, against the defendant-owner, Fern Pratt, for specific performance of an alleged oral five-year lease of farm property. After trial on the merits the circuit court dismissed the suit, awarded immediate possession of the farm to the defendant, and gave judgment against the plaintiff for $250 and costs. The plaintiff appeals.

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