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WESTERN REBUILDERS & TRACTOR PARTS, INC. v. FELMLEY

237 Or. 191 (1963)

386 P.2d 813

391 P.2d 383

WESTERN REBUILDERS & TRACTOR PARTS, INC. v. FELMLEY

Supreme Court of Oregon.

Reargued March 31, 1964.

Affirmed November 20, 1963.

Reversed and remanded, formed opinion withdrawn April 15, 1964.

Attorney(s) appearing for the Case

Loyal H. McCarthy, Portland, argued the cause for appellant. With him on the brief were McCarthy & McCarthy, Portland.

Ernest M. Jachetta, Portland, argued the cause for respondent. With him on the brief was Leo Levenson, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN and LUSK, Justices.

AFFIRMED.

PERRY, J.

This is an action for unlawful eviction from a leasehold brought by a former tenant against his landlord. Trial was had without a jury before the Circuit Court of Multnomah County. From a judgment awarding plaintiff $15,000 in damages, defendant appeals.

Plaintiff is a corporation engaged in the repair and sale of tractor parts. The parties entered into the lease here involved for a one-year period terminating March 31, 1958. By...

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