POWERS v. KIRKMAN LABORATORIES, INC.

No. 177162; CA 14782.

610 P.2d 280 (1980)

45 Or.App. 1083

James Carhart POWERS and Julie Powers Descamp, Appellants-Cross-Respondents, v. KIRKMAN LABORATORIES, INC., Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided April 28, 1980.


Attorney(s) appearing for the Case

James C. Powers, Los Angeles, Cal., argued the cause for appellants-cross-respondents. With him on the briefs were Nossaman, Krueger & Marsh, Los Angeles, Cal., and John B. DesCamp, and Weiss, Derr & Wetzel, Portland.

David P. Weiner, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Samuels, Samuels, Yoelin & Weiner, Portland.

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


GILLETTE, Judge.

This is a forceable entry and detainer action brought by plaintiffs, the lessors, to recover possession of real property from defendant, a commercial tenant, whose lease of the premises was terminated for failure to pay rent when due. The trial court found that the defendant paid the rent in question in advance and was entitled to maintain possession of the premises. Plaintiff appeals from the judgment entered for defendant. Defendant cross-appeals...

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