ENGELCKE v. STOEHSLER


544 P.2d 582 (1975)

Gene M. ENGELCKE, Respondent, v. Leland J. STOEHSLER and Juanita Stoehsler, Appellants.

Supreme Court of Oregon.

Decided December 31, 1975.


Attorney(s) appearing for the Case

Alan M. Lee, Klamath Falls, argued the cause for appellants. With him on the brief was Smith & Lee, Klamath Falls.

Blair M. Henderson, Klamath Falls, argued the cause and filed a brief for respondent.

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


HOLMAN, Justice.

Plaintiff brought an action against defendants upon a check which was not paid because of insufficient funds and upon a promissory note. Defendants counterclaimed for the breach of an oral lease of farm land for five years on a share cropping basis. At the conclusion of defendants' proof the trial court sustained a demurrer to defendants' counterclaim and directed a verdict in favor of plaintiff upon both...

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