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LOCUS BLDG. PARTNERSHIP v. GLADYS ENT.

No. 223237; CA A23959.

662 P.2d 15 (1983)

THE LOCUS BUILDING PARTNERSHIP, an Oregon General Partnership, Respondent, v. GLADYS ENTERPRISES, Inc., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

April 27, 1983.

Reconsideration Denied June 10, 1983.

Attorney(s) appearing for the Case

Warren C. Deras, Portland, argued the cause and filed the briefs for appellant.

Neil T. Jorgenson, Portland, argued the cause for respondent. With him on the brief was Bouneff, Chally & Marshall, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

In this FED action1 involving a commercial lease, lessee appeals from a judgment ordering restitution of the premises to lessor. We reverse.

On August 18, 1978, lessee agreed to purchase a restaurant and bar and to lease the business premises here at issue. Pursuant to that agreement, lessee entered a five-year lease that provided for rental payments to be made on the first day of each month. The lease was later...

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