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JONES v. HERR

T.C. No. 103173; CA 12192.

594 P.2d 410 (1979)

39 Or.App. 937

Ilse JONES and Loren E. Jones, Appellants, v. Roy HERR and Dean Stiles, Dba Claxter Road Storage, Respondents, John George Hoffert, Defendant.

Court of Appeals of Oregon.

Decided April 30, 1979.

Attorney(s) appearing for the Case

J.P. Graff, Eugene, argued the cause for appellants. With him on the brief was Larry O. Gildea, P.C., Portland.

Jay D. Enloe, Portland, argued the cause and filed the brief for respondents. With him on the brief was Vergeer, Roehr & Sweek, Portland.

Before SCHWAB, C.J., and THORNTON, GILLETTE and CAMPBELL, JJ.

CAMPBELL, Judge.

Plaintiffs appeal from a summary judgment dismissing their complaint against defendants Herr and Stiles. We reverse and remand.

Defendants Herr and Stiles own and operate, as partners, a mini-warehouse business. At the time of the events leading to the present suit, defendant John Hoffert and his wife were living rent-free in a house on the property, as compensation for Mrs. Hoffert's services as manager of the business. Defendant Hoffert...

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