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OBRIST v. AYLETT

CV87-842; CA A50970.

781 P.2d 381 (1989)

99 Or.App. 99

Loren D. OBRIST, Appellant, v. Jedediah W. AYLETT and Juanita Aylett, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Dale L. Smith, Hermiston, argued the cause and filed the briefs for appellant.

Mike Kilpatrick, Mt. Vernon, argued the cause for respondents. With him on the brief was Kilpatricks, Mt. Vernon.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff appeals the trial court's granting of summary judgment for defendants on the ground that plaintiff's claim is barred by the Statute of Limitations. ORS 12.080. We reverse.

Plaintiff leased farm land to defendants. The terms of the five-year lease required them to pay plaintiff a percentage of crop receipts as annual rent:

"Tenants shall pay to landlord a percentage rent in an amount equal to 50% of tenants' annual gross receipts...

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