RATOZA v. FLAME, INC.


559 P.2d 1283 (1977)

277 Or. 185

Mildred M. RATOZA and Nicholas F. Maras, Respondents, v. The FLAME, INC., an Oregon Corporation, et al., Appellants.

Supreme Court of Oregon.

Decided February 17, 1977.


Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause and filed briefs for appellants.

Robert K. Winger, of Morrison, Dunn, Cohen, Miller & Carney, Portland, argued the cause and filed a brief for respondents.

Before DENECKE, C.J., and HOLMAN, HOWELL, LENT, LINDE, MENGLER and BRADSHAW, JJ.


HOWELL, Justice.

Defendants appeal from a judgment for plaintiffs in an f.e.d. action tried before the court.

Plaintiffs, as lessors, entered into a lease agreement with defendants in January, 1971. The agreement provided for a fixed monthly rental plus 5 per cent of the gross sales from the preceding month. Both payments were to be made on the first day of each month or within a grace period of 10 days. Prior to the instant f.e.d. action, the parties were...

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