WASHINGTON SQUARE v. FIRST LADY BEAUTY SALONS

No. 42093; CA 13158.

602 P.2d 1083 (1979)

43 Or.App. 269

WASHINGTON SQUARE, Inc., a Corporation, Respondent, v. FIRST LADY BEAUTY SALONS, Inc., a Corporation, and John Does I through X, Appellants.

Court of Appeals of Oregon.

Decided November 26, 1979.


Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellants. With him on the brief was Janice M. Stewart, Portland.

Charles R. Markley, Portland, argued the cause for respondent. With him on the brief was Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


LEE, Judge.

Plaintiff brought this FED action to recover possession of commercial premises leased for more than one year. Defendants appeal from the trial court's judgment for plaintiff. We reverse and remand.

Defendant's first assignment of error is that the trial court erred in striking their third and fourth affirmative defenses. Defendants' third affirmative defense was that their failure to make timely payments of rent was due to "excusable accident or...

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