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TIMBERLEE APARTMENTS v. ABLE

No. 176804; CA 10468.

591 P.2d 399 (1979)

39 Or.App. 93

TIMBERLEE APARTMENTS, Agent for Owner, Norris & Stevens, Inc., Realtor, Respondent, v. Lester E. ABLE, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Earl H. Mickelsen, Portland, argued the cause and filed the brief for appellant.

Carlton W. Hodges, Portland, argued the cause for respondent. With him on the brief was Bernard, Hurley, Hodges & Kneeland, Portland.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

In this Forcible Entry and Detainer action (FED) the tenant appeals a judgment restoring the premises to the landlord, for back rent, attorney fees and an involuntary nonsuit of tenant's counterclaim. The tenant agrees that since he has moved, the issue of restitution of the premises is moot. Tenant contends the court erred in denying his motion for continuance to file an amended answer seeking damages; in refusing to allow him to testify regarding...

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