WALLING WAREHOUSE CO. v. SPRINGHILL FUEL CO.


562 P.2d 1221 (1977)

278 Or. 129

In the matter of a Controversy between WALLING WAREHOUSE Company, an Oregon Corporation, Appellant, and Springhill Fuel Company, a Washington Corporation, Respondent.

Supreme Court of Oregon, Department 2.

Decided April 19, 1977.


Attorney(s) appearing for the Case

David A. Rhoten, Salem, argued the cause for appellant. With him on the brief was Rhoten, Rhoten & Speerstra, Salem.

Bruce W. Williams, Salem, argued the cause for respondent. With him on the brief was Williams, Spooner & Graves, Salem.

Before DENECKE, C.J., and BRYSON, LINDE and DAVIS, JJ.


DAVIS, Justice Pro Tem.

The parties jointly submitted to the trial court a "Request for Determination" pursuant to ORS 27.010, 27.020, and 27.030.1

On January 31, 1967, plaintiff, as lessor, and defendant, as lessee, entered into a long-term lease option (to purchase) commercial property located in Salem, Oregon. Before the option to purchase this property was exercised by defendant,...

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