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HUGHES v. BEMBRY

470 P.2d 151 (1970)

Matt S. HUGHES, Trustee of Notz Feed & Garden Store, a Co-Partnership Composed of Wesley A. Notz and Janet Notz, Bankrupt, Appellant, v. Ernest E. BEMBRY and Florence A. Bembry, Respondents and Cross-Appellants.

Supreme Court of Oregon.

Decided June 10, 1970.

Rehearing Denied July 21, 1970.

Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. On the brief was Boyd J. Long, Portland.

Howard R. Hedrick, Portland, argued the cause and filed a brief for respondents and cross-appellants.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The plaintiff trustee in bankruptcy brought this law action for money claimed due because of the sale of a building by the bankrupts to the defendants. The court sitting without a jury found for the defendants and plaintiff appeals.

The plaintiff trustee's bankrupts are Mr. and Mrs. Notz. In 1963 Mr. Notz and his mother leased premises from the defendants for a term of 10 years with an option to renew for two additional five-year terms and...

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