SCHMECK v. BOGATAY


485 P.2d 1095 (1971)

Albert W. SCHMECK and Earl Whitlock, Respondents, v. Frank R. BOGATAY, Appellant.

Supreme Court of Oregon.

Decided June 16, 1971.


Attorney(s) appearing for the Case

Stanley C. Jones, Jr., Klamath Falls, argued the cause for appellant. With him on the brief was J. Anthony Giacomini, Klamath Falls.

Blair M. Henderson, Klamath Falls, argued the cause for respondents. With him on the brief was Arthur A. Beddoe, Klamath Falls.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


TONGUE, Justice.

This is an action to enforce payment of additional rent alleged to be due under the provision of a lease which increased the minimum monthly rental payments from $450 to $625 per month upon the occurrence of conditions which are the subject of this controversy. The case was tried before the court, sitting without a jury. Defendant appeals from a $2,800 judgment for plaintiffs.

In November 1961 plaintiffs leased to defendant a building in downtown...

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