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MAKI ET UX v. NIKULA ET AL

224 Or. 180 (1960)

355 P.2d 770

MAKI ET UX v. NIKULA ET AL

Supreme Court of Oregon.

Affirmed October 5, 1960.

Attorney(s) appearing for the Case

Robert C. Anderson, Astoria, argued the cause for appellants. On the briefs were Anderson & Edison and Larry J. Anderson, Astoria.

Robert C. Macdonald and Lawrence M. Dean, Astoria, argued the cause for respondents. With Lawrence M. Dean on the brief were Norblad, Wyatt & Macdonald, Astoria.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and KING, Justices.

AFFIRMED.

KING, J. (Pro Tempore)

This was an action filed by the plaintiffs against the defendants for unpaid rental accruing on a lease after the premises were vacated by the defendants. The answer, among other things, alleged constructive eviction.

Trial was had before a jury which returned a verdict for the defendants. Plaintiffs moved for judgment notwithstanding the verdict, which motion was granted and...

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