L & M INV. CO. v. MORRISON


578 P.2d 462 (1978)

34 Or.App. 231

L & M INVESTMENT CO., by William Leveton, Appellant, v. Larry MORRISON and Carol Morrison, Respondents.

Court of Appeals of Oregon.

Argued and Submitted December 22, 1977.


Attorney(s) appearing for the Case

James Scudder, Portland, argued the cause and filed the brief for appellant.

Michael Schumann, Legal Aid Service, Portland, argued the cause for respondents. With him on the brief was Louis D. Savage, Legal Aid Service, Portland.

Before SCHWAB, C.J., and LEE, BUTTLER and JOSEPH, JJ.


BUTTLER, Judge.

This proceeding was commenced under the Forcible Entry and Detainer statutes (ORS 105.105-105.150), but defendants asserted affirmative defenses and counterclaims under the Oregon Residential Landlord and Tenant Act (ORLTA; ORS 91.700-91.895), on the basis of which the trial court, sitting without a jury, determined that plaintiff was not entitled to possession, and that defendants were entitled to continued possession, to damages, and to a mandatory...

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