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FALK v. AMSBERRY

No. 74-5251; CA 14025.

633 P.2d 799 (1981)

53 Or.App. 735

Everett H. FALK and Phyllis R. Falk, Husband and Wife, Plaintiffs, v. Larry M. AMSBERRY and Nancy A. Amsberry, Husband and Wife, Defendants. Larry M. Amsberry and Nancy A. Amsberry, Husband and Wife, Third Party Plaintiffs-Respondents, v. Norman L. Larsen, Third Party Defendant-Appellant, Lorenz Realty, Inc., an Oregon Corporation, Third Party Defendant.

Court of Appeals of Oregon.

Decided August 31, 1981.

Attorney(s) appearing for the Case

Michael W. Doyle, Eugene, argued the cause and filed the briefs for respondents. With him on the briefs was Bick & Monte, P.C., Eugene.

David Brewer, Eugene, argued the cause and filed the briefs for appellant. With him on the briefs was Lombard, Gardner, Honsowetz, Johnson & Brewer, Eugene.

Before JOSEPH, C.J., and THORNTON and YOUNG, JJ.

Submitted on Remand from the Oregon Supreme Court, April 7, 1981.

YOUNG, Judge.

Third party defendant (Larsen) appeals from a judgment entered against him and in favor of third party plaintiffs (Amsberry) in this action for indemnity. For several years plaintiffs in the original action (Falk) leased farmland from Larsen to grow grass seed. It was an oral lease with cash rent to be paid at the end of each crop year on October 1. The lease was to terminate if...

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