HANKINS v. CITY OF NEWPORT


549 P.2d 1297 (1976)

Cloyd V. HANKINS, Respondent, v. CITY OF NEWPORT, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Decided June 1, 1976.


Attorney(s) appearing for the Case

George M. Joseph, Portland, argued the cause for appellant. With him on the briefs were Richard C. Bemis and Bemis & Breathouwer, Portland, and Paul B. Osterlund and George W. Henderson, Toledo.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief were Robert E. Maloney, Jr., Vawter Parker and Dezendorf, Spears, Lubersky & Campbell, Portland, and Gordon Macpherson and Litchfield, Macpherson & Carstens, Newport.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


FOLEY, Judge.

This action was initiated by plaintiff for loss of profits allegedly resulting from the breach of a lease agreement by defendant City of Newport. After jury trial plaintiff had a verdict and a judgment for $55,000. Defendant appeals assigning as error a number of determinations made by the trial court which relate primarily to the terms of the lease agreement and the amount of damages resulting from the alleged breach. We affirm.

In 1956 plaintiff...

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