GORGE LEASING CO. v. HANNA

No. 44194; CA A23950.

653 P.2d 578 (1982)

60 Or.App. 272

GORGE LEASING COMPANY, Respondent, v. John N. HANNA, Appellant.

Court of Appeals of Oregon.

Decided November 10, 1982.

Reconsideration Denied December 23, 1982.


Attorney(s) appearing for the Case

Robert T. Scherzer, Portland, argued the cause and filed the brief for appellant.

Jan D. Sokol, Portland, argued the cause for respondent. With him on the brief was Kobin & Meyer, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

This appeal arises from an action for breach of a lease agreement. In his answer defendant alleged, inter alia, five affirmative defenses. The trial court granted summary judgment for plaintiff, and defendant appeals. Because we agree with defendant that one of his affirmative defenses raises a genuine issue of material fact, we reverse and remand for further proceedings.

In 1977, plaintiff as lessor and William Fleischer...

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