ELFSTROM ET AL v. BROWN ET AL


229 Or. 595 (1962)

366 P.2d 728

368 P.2d 333

ELFSTROM ET AL v. BROWN ET AL

Supreme Court of Oregon.

Modified December 13, 1961.

Petition for rehearing denied January 24, 1962.


Attorney(s) appearing for the Case

Douglas L. Hay, Salem, argued the cause for appellants. With him on the brief was John A. Heltzel, Salem.

Roy Harland, Salem, argued the cause for respondents. With him on the brief was Asa L. Lewelling, Salem.

Before WARNER, Presiding Justice, and SLOAN, O'CONNELL, GOODWIN and BRAND, Justices.


MODIFIED.

O'CONNELL, J.

This is a suit brought by plaintiffs, lessees, for the declaration of their rights under a percentage lease executed by defendants as lessors. Defendants filed a cross complaint seeking a forfeiture of the lease. The lease has since expired by its own terms. Defendants appeal.

The case was submitted to the court without a jury, upon the pleadings and upon a stipulation to submit the cause for decision upon an agreed case.

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