BUDGET RENT-A-CAR, ETC. v. TODD INV. CO.

No. A7702-02191; CA 12805.

603 P.2d 1199 (1979)

43 Or.App. 519

BUDGET RENT-A-CAR OF WASHINGTON-OREGON, Inc., a Corporation, Respondent, v. TODD INVESTMENT CO., Dba Dollar Rent-a-Car, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided December 10, 1979.


Attorney(s) appearing for the Case

William R. Miller, Jr., Portland, argued the cause for appellant. With him on the briefs were Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

David R. Trachtenberg, Portland, argued the cause for respondent. With him on the brief were John Spencer Stewart and Kobin & Meyer, Portland.

Before TANZER, P.J., and THORNTON and CAMPBELL, JJ.


THORNTON, Judge.

Defendant in this contract action admits liability for the payment of fair market value for certain leasehold improvements and personal property conveyed to it when it assumed plaintiff's leasehold. However, defendant appeals the judgment for plaintiff on the ground that the parties' limited arbitration agreement requires an appraiser, and not the court, to determine fair market value of the items in question.

Defendant assigns as error:<...

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