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KASHMIR CORP. v. NELSON

No. 102851; CA 10720.

588 P.2d 133 (1978)

37 Or.App. 887

THE KASHMIR CORPORATION, an Oregon Corporation, Respondent, v. Clarence NELSON, Doing Business As Home Builders Real Estate, and Roy F. Inks, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1978.

Attorney(s) appearing for the Case

Daniel J. Gatti, Salem, argued the cause and filed the brief, for appellant.

James P. Harris, II, Salem, argued the cause and filed the brief, for respondent.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Plaintiff (lessor) in this declaratory judgment proceeding sought a declaration of the rights of the parties after an alleged breach of a lease agreement. The only issue before us is the ability of defendant's counterclaims to withstand a demurrer and motion to strike.1

In his first counterclaim,2 defendant (tenant) alleged that plaintiff breached its

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