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HBL RESTAURANTS, INC. v. COOPER

No. 202381; CA 17490.

620 P.2d 961 (1980)

49 Or.App. 759

HBL RESTAURANTS, INC., a Corporation, Respondent, v. Gary C. COOPER, Appellant, Albert A. Porti and Barbara R. Porti, Defendants.

Court of Appeals of Oregon.

Decided December 15, 1980.

Attorney(s) appearing for the Case

Thomas E. Laury, Portland, argued the cause for appellant. With him on the brief was Buccino & Uffelman, Portland.

John Spencer Stewart, Portland, argued the cause for respondent. On the brief were Elizabeth Yeats, Paul R. Meyer, and Kobin & Meyer, Portland.

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

BUTTLER, Judge.

This forcible entry and detainer (FED) action relating to commercial premises was tried to the court. Defendant lessee appeals from the judgment restoring possession of the premises to plaintiff, and contends that the trial court erred (1) by striking his affirmative defense of equitable estoppel, (2) by granting restitution of the premises without taking any evidence, and (3) by awarding attorney's fees to...

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