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ALL-STATES LEAS. CO. v. OCHS

No. 77-1948; CA 11421.

600 P.2d 899 (1979)

42 Or.App. 319

ALL-STATES LEASING COMPANY, a Montana Corporation, Respondent-Cross-Appellant, v. Randal N. OCHS, M.D. and J. Darlene Ochs, Dba Myrtle Creek Hospital & Medical Center, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 24, 1979.

Attorney(s) appearing for the Case

William C. Wolke, Roseburg, argued the cause for appellants-cross-respondents. With him on the brief was Luoma, Kelley & Wolke, Roseburg.

Paul Gerhardt, Portland, argued the cause and filed the briefs for respondent-cross-appellant.

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

BUTTLER, Judge.

Plaintiff is a Montana Corporation in the business, nationwide, of leasing all types of equipment. Defendants Ochs own and operate the Myrtle Creek Hospital and Medical Center, which leased from plaintiff a Burroughs L-5000 computer for use in its bookkeeping. Defendants ceased paying rent for the computer after it continually malfunctioned. Plaintiff ultimately accelerated the balance of rental payable under the lease, took possession of the computer...

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