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PRATT v. McNALLY-RATHBONE, INC.

No. 80-2-473; CA A23526.

658 P.2d 516 (1983)

61 Or.App. 443

Janet PRATT, Personal Representative of Clifford E. Pratt, Jr., and R.D. Pratt, Dba Rollin Lumber Yard, Respondents, v. McNally-RATHBONE, INC., Appellant.

Court of Appeals of Oregon.

Decided February 2, 1983.

Reconsideration Denied March 18, 1983.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Portland, and James O. Goodwin, West Linn, argued the cause for appellant. With them on the briefs were John R. Faust, Jr., J.P. Graff, and Schwabe, Williamson, Wyatt, Moore & Roberts, and Martin J. Howard, and Gilley, Busey, Howard & Rindfusz, Portland.

William B. Wyllie, Salem, argued the cause and filed the brief for respondents.

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

RICHARDSON, Presiding Judge.

Lessee appeals a judgment that terminated its commercial lease, including an option to purchase, claiming that the court erred in terminating the lease and the option and in awarding attorney fees to lessor. In May, 1976, after lengthy negotiations, the parties entered into an agreement for lessee's rental of approximately 5 acres in Portland for use as a recreational vehicle sales and service lot. The agreement was drafted by lessor's...

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