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PGE v. HERSHISER, MITCHELL, MOWERY & DAVIS

A8309-05923; CA A38616.

738 P.2d 593 (1987)

86 Or.App. 40

PORTLAND GENERAL ELECTRIC, an Oregon Corporation, Respondent, v. HERSHISER, MITCHELL, MOWERY & DAVIS, an Oregon Partnership Consisting of Donald E. Hershiser, William H. Mitchell, Bruce L. Mowery, and Chris P. Davis, Appellants.

Court of Appeals of Oregon.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Peter C. Richter, Portland, argued the cause for appellants. With him on the briefs were Linda L. Marshall and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Mildred J. Carmack, Portland, argued the cause for respondent. With her on the brief were David K. Miller and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

BUTTLER, Presiding Judge.

Defendants appeal from a judgment entered after a jury verdict in favor of plaintiff on its claim for breach of a commercial office lease. Because we conclude that the jury instructions on an important element of the case inconsistently placed the burden of proof on both parties, we reverse.

Plaintiff is the owner of Willamette Center (Center), a commercial office building in Portland. Defendants are partners in a law firm that leased...

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