COOK v. LOOMIS


522 P.2d 1381 (1974)

James COOK, Respondent, v. Nelson LOOMIS, Doing Business As Mountain Air Applicators, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Verden L. Hockett, Jr. and James H. Spence, Roseburg, filed briefs for appellant.

William C. Wolke of Luoma, Kelley, Woodruff & Wolke, Roseburg, filed a brief for respondent.


O'CONNELL, Chief Justice.

This is an action to recover damages for breach of a covenant in a lease. As a part of his defense, defendant sought reformation of the lease. The trial court denied defendant's prayer for reformation and the case was then tried to the jury, which found for plaintiff. Defendant appeals.

Defendant was engaged in the business of applying fertilizers and weed killer by airplane, commonly described as "crop dusting." He held an agricultural...

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