RICE v. TERWILLIGER PLAZA, INC.

No. A8108-04748; CA A26505.

670 P.2d 188 (1983)

65 Or.App. 74

Julie O. RICE, Executrix of the Estate of Ethel Owens Howdershell Rice, Deceased, Appellant, v. TERWILLIGER PLAZA, INC., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1983.


Attorney(s) appearing for the Case

J. Robert Jordan, Portland, argued the cause for appellant. On the brief was Michael R. Jordan, Portland.

Donald J. Morgan, Portland, argued the cause for respondent. With him on the brief were Paul N. Wonacott and Wood, Tatum, Mosser, Brooke & Holden, Portland.

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


GILLETTE, Presiding Judge.

Plaintiff, the personal representative of decedent Ethel Rice, seeks a refund of monies that decedent paid defendant pursuant to a "residence agreement." The trial court concluded that the right to obtain a refund, which could only result from a termination of the landlord and tenant relationship between decedent and defendant, could only be exercised by decedent. Accordingly, the trial court dismissed...

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