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KOLVE v. MAID RITE SHOPS, INC.

577 P.2d 502 (1978)

Gerald C. KOLVE and Donald E. Kettleberg, Doing Business As Canterbury Square, Respondents, v. MAID RITE SHOPS, INC., an Oregon Corporation, and Loran I. Fleming, Doing Business As Fleming's Drive Inn, Appellants.

Supreme Court of Oregon, Department 1.

Argued and Submitted January 13, 1978.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed a brief for appellants.

Dennis H. Quade, of Wheelock, Niehaus, Hanna, Murphy & Ogilvy, Portland, argued the cause and filed a brief for respondents.

Before HOLMAN, P.J., HOWELL and LENT, JJ., and GILLETTE, J. Pro Tem.

HOLMAN, Presiding Justice.

This is an action for an agreed rental. Defendants appeal from a judgment for plaintiffs based upon quantum meruit.

Defendants occupied a restaurant premises belonging to plaintiffs without a binding written lease. No evidentiary detail is attempted here to explain how this occurred. Defendants' first contention is that the complaint was based upon a specific agreement and, therefore, the trial court erred in giving a judgment...

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