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COOLEY v. SUNDERMAN

No. 97961; CA 11157.

592 P.2d 268 (1979)

39 Or.App. 365

David Lee COOLEY, Respondent, Cross-Appellant, v. Cora Smith SUNDERMAN, Appellant, Cross-Respondent.

Court of Appeals of Oregon.

Decided March 19, 1979.

Attorney(s) appearing for the Case

James O. Garrett, Salem, argued the cause for appellant, cross-respondent. With him on the briefs was Garrett, Seideman, Hemann & Robertson, P.C., Salem.

David H. Leonard, Salem, argued the cause for respondent-cross-appellant. On the brief were T.W. Churchill, and Churchill & Leonard, Salem.

Before SCHWAB, C.J., and BUTTLER, JOSEPH, JJ., and TONGUE, J. Pro Tem.

JOSEPH, Judge.

The trial court correctly ruled that respondent was accountable to appellant (his co-tenant and former wife) for the reasonable rental value of her share of the property in question after marital difficulties made continued co-occupancy infeasible. Palmer v. Protrka, 257 Or. 23, 476 P.2d 185 (1970); Beal v. Beal, 282 Or. 115, 577 P.2d 507 (1978). Neither party has demonstrated...

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