MILLER v. DER WIENERSCHNITZEL INTERNATIONAL, INC.


509 P.2d 1170 (1973)

Neil Walter MILLER and LaRue Miller, Husband and Wife, Respondents-Cross-Appellants, v. DER WIENERSCHNITZEL INTERNATIONAL, INC., a California Corporation, Appellant.

Supreme Court of Oregon.

Decided May 17, 1973.


Attorney(s) appearing for the Case

James H. Anderson, Eugene, argued the cause for appellant. On the briefs were Thompson, Mumford & Woodrich, Eugene.

Merwin C. Logan, of Moore, Wurtz & Logan, Springfield, argued the cause for respondents-cross-appellants. On the brief were Gildea, Speer & McGavic, P.C., and Stephen R. Blixseth, Eugene.

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


McALLISTER, Justice.

The plaintiffs, as lessors, brought this action against their lessee, Der Wienerschnitzel International, Inc., for damages for breach of lease. The court tried the case sans jury and held for plaintiffs. Defendant appeals and plaintiffs cross appeal.

Defendant concedes that it breached the lease and objects only to the amount of damages awarded.

Plaintiffs bought a parcel of land in Eugene shortly after their predecessor...

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