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KULM v. COAST TO COAST STORES

461 P.2d 526 (1969)

Winnifred C. KULM, Administratrix of the Estate of Harry Levine, Appellant, v. COAST TO COAST STORES (CENTRAL ORGANIZATION) INCORPORATED, Richard T. Kirby and John W. Kirby, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 26, 1969.

Rehearing Denied December 30, 1969.

Attorney(s) appearing for the Case

Rees C. Johnson and Arden E. Shenker, Portland, argued the cause for appellant. With them on the briefs were Tooze, Powers, Kerr, Tooze & Peterson, Portland.

George M. Joseph, Portland, argued the cause for respondents. With him on the brief were Morrison & Bailey, Jack H. Dunn and Paul W. Jones, Portland.

O'CONNELL, Justice.

This is an action by the owner of premises brought against a former tenant to recover damages resulting from defendants' refusal to perform an agreement to renew a lease. Plaintiff appeals from a judgment for defendants.

On May 31, 1963 the parties entered into an agreement to renew an existing lease which expired December 31, 1963. The renewal period began in January, 1964. Defendants vacated the premises before the renewal period began...

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