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COLLIS v. BAKER

TC A 7601 01240; SC 25358.

591 P.2d 363 (1979)

285 Or. 417

Donald L. COLLIS, Respondent, v. J.S. BAKER and Sally Baker, Appellants.

Supreme Court of Oregon, Department 1.

Decided February 27, 1979.

Attorney(s) appearing for the Case

Marvin S. Nepom, Portland, argued the cause for appellants. With him on the brief were Ray F. Merry, King & Merry, Portland.

Glen P. McClendon, of Lindsay, Nahstoll, Hart, Neil & Weigler, Portland, argued the cause and filed a brief for respondent.

Before HOLMAN, P.J., and HOWELL, LENT and LINDE, J.

LINDE, Justice.

Defendant lessors appeal from a judgment awarding plaintiff damages resulting from defendants' failure to consent to the assignment of plaintiff's lease to a third party.

Plaintiff leased the Freeway Hotel in Portland, Oregon, from defendants Mr. and Mrs. Baker in 1972. In November, 1975, plaintiff assigned his interest in the lease to Albert Chenoweth for $30,000, subject to the Bakers' consent. This was required by the following provision...

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