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SWENSON v. MILLS

00 CV 0456 ST; A120139.

108 P.3d 77 (2005)

198 Or. App. 236

Barry SWENSON, general partner of Green Valley Enterprises, a California general partnership, Respondent, v. E.R. "Max" MILLS, Appellant.

Court of Appeals of Oregon.

Decided March 9, 2005.

Attorney(s) appearing for the Case

Jim Petersen argued the cause and filed the briefs for appellant.

James E. Mountain, Portland, argued the cause for respondent. With him on the brief were Karla Alderman, Eugene, and Harrang Long Gary Rudnick, P.C.

Before WOLLHEIM, Presiding Judge, and HASELTON and SCHUMAN, Judges.

WOLLHEIM, P.J.

Defendant E.R. "Max" Mills, the assignee of a lease and option to purchase the subject property, appeals a judgment for plaintiff on plaintiff's claims (1) for a declaratory ruling that defendant is in default of the lease and (2) seeking possession of the leased property and damages for waste. Defendant contends on appeal that the trial court erred in entering judgment for plaintiff and in dismissing his counterclaim, asserting that, by virtue of a...

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