SHOGUN'S GALLERY, INC. v. MERRILL

050302855; A131915.

210 P.3d 920 (2009)

229 Or. App. 137

SHOGUN'S GALLERY, INC., an Oregon corporation, Plaintiff-Respondent Cross-Appellant, v. Doris MERRILL, an individual; Charles Merrill, an individual; Chris Pagni, an individual; Rosmond Langberg, an individual; and Raymond Langberg, an individual, Defendants-Appellants Cross-Respondents.

Court of Appeals of Oregon.

Decided June 17, 2009.


Attorney(s) appearing for the Case

Gary Roberts, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Schwabe, Williamson & Wyatt, P.C.

Brian R. Talcott, Portland, argued the cause for respondent-cross-appellant. With him on the briefs was Dunn Carney Allen Higgins & Tongue LLP.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.


ORTEGA, J.

Defendants appeal from a judgment that reformed a commercial lease by modifying a rent escalation provision and, alternatively, declared the provision inapplicable for the first year of the lease. Defendants, the landlords, assign error to both aspects of that judgment. Plaintiff, the tenant, cross-appeals, contending that the court should have entered the declaratory judgment as the operative judgment or, alternatively, allowed a different amount of rent...

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