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McKEON v. WILLIAMS

CC 88-06-03272; CA A61358; SC S37638.

822 P.2d 699 (1991)

312 Or. 322

Sally McKeon, Respondent On Review, v. Homer G. WILLIAMS; Front and Taylor Investments, an Oregon Partnership; and Charles G. Rolles, Petitioners On Review, and David G. Alderman, Defendant.

Supreme Court of Oregon, In Banc.

Reassigned August 14, 1991.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Jacob Tanzer, of Ball, Janik & Novack, Portland, argued the cause and filed the petition for petitioners on review.

Monica M. O'Brien of Gleason, Scarborough, McNeese, O'Brien & Barnes, P.C., Portland, argued the cause for respondent on review. With her on the response to the petition was Curt B. Anderson.

PETERSON, Justice.

The issue in this case is whether the measure of damages for a landlord's conversion of a tenant's restaurant equipment left on the premises after the tenant's right to possession of the premises has ended is the "in-place" fair market value or the fair market value of the equipment after removal from the premises. The trial court instructed the jury that "the measure of damages is the fair market value of the property after removal from plaintiff...

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