WAXWING CEDAR PRODUCTS, LTD. v. KOENNECKE


564 P.2d 1061 (1977)

278 Or. 603

WAXWING CEDAR PRODUCTS, LTD., Respondent, v. Glenn KOENNECKE, Dba Sunset Lumber Products, Appellant.

Supreme Court of Oregon, Department 2.

Decided June 7, 1977.


Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief were Niedermeyer & Bewley and Francis F. Yunker, Portland.

Theodore S. Bloom, Portland, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and TOMPKINS, JJ.


TOMPKINS, Justice Pro Tem.

This case involves the issue of whether a prior proceeding is res judicata in favor of the defendant or is collateral estoppel in favor of the plaintiff.

Plaintiff-lessee in this action sought a rebate of rent paid, alleging that the defendant-lessor had wrongfully withheld possession of real and personal property covered by the lease between the parties. The defendant answered by general denial, a plea in bar, affirmative defenses...

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