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FULLINGTON v. M. PENN PHILLIPS CO.

238 Or. 321 (1964)

395 P.2d 124

FULLINGTON v. M. PENN PHILLIPS COMPANY

Supreme Court of Oregon.

Reargued June 29, 1964.

Reversed and remanded September 10, 1964.

Attorney(s) appearing for the Case

Ronald L. Marceau, Bend, argued and reargued the cause and filed briefs for appellant. With him on the briefs were Lyman C. Johnson and McKay, Panner and Johnson, Bend.

Theodore R. Conn, Lakeview, argued and reargued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff lessee appeals from a judgment of involuntary nonsuit in an action brought against defendant lessor for damages arising out of the alleged repudiation of a lease containing an option to purchase.

In December, 1961 plaintiff and defendant signed a letter memorandum of agreement which provided that defendant would lease to plaintiff certain property which plaintiff was to operate as a dude ranch. The lease...

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