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PALMER v. WHEELER

481 P.2d 68 (1971)

H.E. PALMER, Appellant, v. Robert I. WHEELER, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted October 26, 1970.

Attorney(s) appearing for the Case

Walter I. Edmonds, Jr., Redmond, argued the cause for appellant. With him on the briefs were Larkin, Bryant & Edmonds and Stanley E. Clark, Redmond.

J.C. Van Voorhees, Prineville, argued the cause for respondent. With him on the brief were Bodie, Minturn & Glantz and James F. Bodie, Prineville.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

Argued and Submitted at Pendleton, October 26, 1970.

TONGUE, Justice.

This is an action to collect rent payable under a three year lease which was signed by the defendant as the lessee, but not by plaintiff as the lessor. After paying rent for seven months defendant vacated the building subject to the lease, following an alleged oral agreement to terminate the lease. The trial court held that the lease was invalid as contrary to the statute of frauds and dismissed...

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