HOPKINS v. BURGER CHEF SYSTEMS, INC.


561 P.2d 592 (1977)

277 Or. 511

Earl W. HOPKINS and Frances E. Hopkins, Appellants, v. BURGER CHEF SYSTEMS, INC., Respondent.

Supreme Court of Oregon, Department 1.

Decided March 17, 1977.


Attorney(s) appearing for the Case

Charles V. Elliott, Portland, argued the cause for appellants. With him on the brief was Elliott & Andrews, Portland.

John M. Berman, Portland, argued the cause for respondent. With him on the brief were Herbert H. Anderson, and Dezendorf, Spears, Lubersky & Campbell, Portland.

Before DENECKE, C.J., and HOLMAN, LENT and MENGLER, JJ.


HOLMAN, Justice.

This is an action to recover two months' rent from defendant (lessee), who remained on commercial property belonging to plaintiffs (lessors) approximately two months beyond the date on which the lease provided the premises should be vacated. The jury returned a verdict for plaintiffs. On defendant's motion for a judgment notwithstanding the verdict, the trial judge reduced the amount of the rent to an amount which defendant had previously tendered...

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