U.S. NAT. BANK OF OREGON v. HOMELAND, INC.

No. 393-568; CA 15523.

615 P.2d 380 (1980)

47 Or.App. 745

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Plaintiff, v. HOMELAND, INC., an Oregon Corporation, and Its Receiver, Paul C. Diegel, Respondents, and Ralph D. Schlesinger and Bernice W. Schlesinger, Appellants.

Court of Appeals of Oregon.

Decided August 11, 1980.


Attorney(s) appearing for the Case

John M. Berman, Portland, argued the cause and filed the briefs for appellants. With him on the briefs was Spears, Lubersky, Campbell & Bledsoe, Portland.

Kevin D. Padrick, Portland, argued the cause and filed the brief for respondents. With him on the brief were Peter C. Richter and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


CAMPBELL, Judge.

The Schlesingers, as lessors, filed a claim with the receiver of Homeland, Inc., for the sum of $26,460, alleged to be the rent due on a lease. The trial court, sitting in equity, allowed only $8,490 of the claim. The Schlesingers have appealed. We affirm.

Homeland leased approximately 3,000 square feet of office space from the Schlesingers for a term of five years commencing April 1, 1971, and ending March 31, 1976. Homeland vacated the premises...

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