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LEXTON-ANCIRA, INCORPORATED v. KAY

522 P.2d 875 (1974)

LEXTON-ANCIRA, INCORPORATED, a Kansas Corporation, Respondent, v. David J. KAY and Jon Soseman Aka John L. Soseman Aka John Soseland, Appellants.

Supreme Court of Oregon.

Decided May 23, 1974.

Attorney(s) appearing for the Case

John M. Clough, Portland, argued the cause for appellant David J. Kay. With him on the brief was Richard C. Bartlett of Bartlett & Holm, Portland.

Eugene M. Salute, Encino, Cal., argued the cause for appellant John Soseman. With him on the brief were Salute & Allen, Encino, Cal.

Richard M. Botteri and William M. McAllister, Portland, argued the cause for respondent. With them on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland.

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

TONGUE, Justice.

This is an action for forcible entry and detainer for possession of the Commonwealth Building in Portland for the failure of defendants to pay rent and real estate taxes. Defendant Soseman is the lessee under a lease from plaintiff. Defendant Kay was the manager of the building for Soseman and guaranteed performance by Soseman of his obligations under the lease. The court entered judgment for plaintiff. Defendants...

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