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SEA FARE, INC. v. PORT OF ASTORIA

488 P.2d 840 (1971)

The SEA FARE, INC., Appellant, v. PORT OF ASTORIA, a Municipal Corporation, Respondent. Port of Astoria, a Municipal Corporation, Respondent, v. The Sea Fare, Inc., a Corporation, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.

Attorney(s) appearing for the Case

Lawrence M. Dean, Astoria, argued the cause for appellant. With him on the briefs were MacDonald, Dean & McCallister and Jeanyse R. Snow, Astoria.

John J. Haugh, Portland, argued the cause for respondent. With him on the brief were O'Connell, Goyak, Haugh & Loew, Frank H. Pozzi and Pozzi, Wilson & Atchison, Portland.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

This consolidated appeal involves two cases between the same parties. In the first suit, Sea Fare sought reformation of a lease entered into by the parties in 1964. The trial court dismissed the suit, stating that Sea Fare, Inc. had failed to meet its burden of proof. Plaintiff Sea Fare, Inc. requests that the suit be reinstated and reformation granted. The second case is a Forcible Entry and Detainer action to obtain possession of the same property...

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