RUCHABER v. SHORT

No. L79-2157; CA 17765.

630 P.2d 915 (1981)

53 Or.App. 58

Harry RUCHABER, Gary Ruchaber, and LaVerna Mouser, Personal Representative of the Estate of Clyde Mouser, Respondents, v. Andrew J. SHORT, Appellant.

Court of Appeals of Oregon.

Decided July 6, 1981.


Attorney(s) appearing for the Case

Donald A. Dole, Roseburg, argued the cause for appellant. With him on the briefs were Cathleen B. Herbage and Neuner, Dole, Caley & Kolberg, Roseburg.

James H. Spence and Spence & Banta, Roseburg, filed the brief for respondents.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Plaintiffs brought this action against defendant for breach of a sale/security and lease agreement. They sought to recover the balance of defendant's outstanding debt, less the amount realized upon their disposition of the collateral, and accrued rent from January 8, 1979, to May 18, 1979. The case was tried to the court, and judgment was entered in favor of plaintiffs. Defendant appeals.

In early 1979, plaintiffs and defendant executed a written...

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