W.J. SEUFERT LAND CO. v. GREENFIELD


496 P.2d 197 (1972)

W.J. SEUFERT LAND CO., an Oregon Corporation, Respondent, v. Ralph W. GREENFIELD and Wilma T. Greenfield, Husband and Wife, Appellants.

Supreme Court of Oregon, In Banc.

Decided April 26, 1972.


Attorney(s) appearing for the Case

R.W. PicKell, Salem, argued the cause and filed briefs for appellants.

Edward L. Clark, Jr., Salem, argued the cause for respondent. On the brief were Clark & Marsh, Norma Paulus, Salem, and Dick & Dick, The Dalles.


TONGUE, Justice.

This is an action upon a guaranty agreement under which defendants guaranteed payments of rent due under the lease of a building owned by plaintiff in The Dalles and leased for use as a restaurant to a corporation which became insolvent.

Defendants' answer alleged, as an affirmative defense, that plaintiff entered into an agreement with the trustee in bankruptcy under which plaintiff "settled and abandoned any and all claims on account of...

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