ARV, INC. v. AMFAC MERCHANDISING CORPORATION


542 P.2d 898 (1975)

ARV, INC., an Oregon Corporation, and Ann R. Voehl, Appellants, v. AMFAC MERCHANDISING CORPORATION, a California Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 20, 1975.


Attorney(s) appearing for the Case

Dale A. Rader, Portland, argued the cause for appellants. With him on the briefs was David C. Bond, Portland.

Molly P. Sumner, Portland, argued the cause for respondent. With her on the brief were James H. Clarke, O. Meredith Wilson, Jr., Mark S. Dodson, and Dezendorf, Spears, Lubersky & Campbell, Portland.


HOLMAN, Justice.

Plaintiffs brought an action to recover a deficiency in a rental payment claimed to be due them as lessors of real property. Defendant admits withholding the amount sought from its rental payment. However, defendant contends that the amount withheld represents a sum it previously paid to plaintiffs for real property taxes which plaintiffs represented as due under the lease and which defendant did not owe...

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