BANCORP LEASING v. BRUNNER

No. 29347; CA A24271.

672 P.2d 357 (1983)

65 Or.App. 286

BANCORP LEASING and Financial Corp., an Oregon Corporation Dba Business Leasing Corp., Appellant, v. Loraine I. BRUNNER, Dba Tax Minimizers, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1983.

Reconsideration Denied December 2, 1983.

Review Denied February 8, 1984.


Attorney(s) appearing for the Case

Brian J. MacRitchie, Bend, argued the cause for appellant. With him on the brief were Neil R. Bryant and Gray, Fancher, Holmes & Hurley, Bend.

James K. Belknap, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, JJ.


JOSEPH, Chief Judge.

Plaintiff appeals from a judgment denying its claim for breach of a lease agreement and allowing defendant's counterclaim for rescission of the agreement on the ground of failure of consideration. Plaintiff assigns error to (1) application of the doctrine of failure of consideration, (2) sustaining defendant's objection to testimony regarding the existence of an option to purchase and (3) sustaining defendant's objection to testimony comparing...

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