WILLIAM C. CORNITIUS, INC. v. WHEELER


556 P.2d 666 (1976)

276 Or. 747

WILLIAM C. CORNITIUS, INC., a California Corporation, Respondent, v. Dayton WHEELER, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 26, 1976.


Attorney(s) appearing for the Case

Jeffrey M. Kilmer, Portland, argued the cause for appellant. With him on the briefs were James L. Sutherland of Frohnmayer & Deatherage, Medford, and Engel, Kellar, Pomajevich & Kilmer, Portland.

John D. Burns, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


HOLMAN, Justice.

This is an appeal by defendant from a summary judgment granted plaintiff in an action for forcible entry and detainer.

Defendant, a service station operator who leased his station from plaintiff, admitted that the station lease had expired, that it was not renewed, and that plaintiff gave the necessary notice to vacate before commencing this action. On appeal, defendant contends that the trial court erred in holding that the pleadings and...

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