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STILWELL v. SEIBEL

(9700711CV; CA A105684)

10 P.3d 319 (2000)

169 Or. App. 613

Michael STILWELL, James F. Stilwell, Teri A. Schmidt, Kimberly A. Stilwell, Teri A. Schmidt, as Trustee for the Wendy L. Stilwell Trust, Michael J. Stilwell, as Trustee for the Michael J. Schmidt Trust and as Trustee for the Ryan F. Schmidt Trust, Appellants, v. David A. SEIBEL and Barbara G. Seibel, Respondents, and David L. Wright and Barbara C. Wright, Defendants.

Court of Appeals of Oregon.

Decided September 13, 2000.

Attorney(s) appearing for the Case

William M. Ganong, Klamath Falls, argued the cause and filed the briefs for appellants.

Benjamin Matthew Bloom, Medford, argued the cause for respondents. With him on the reply brief on cross-assignment of error was Hornecker, Cowling, Hassen & Heysell. On respondents' brief were Dennis L. Oden, Stanley C. Jones, and Boivin, Jones, Uerlings, DiIaconi & Oden, P. C.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LANDAU, P.J.

In this action for breach of a commercial lease agreement, plaintiffs, the landlords, appeal a summary judgment dismissing their claims against defendants, the tenants. We reverse and remand for further proceedings.

The relevant facts are undisputed. Plaintiffs entered into an agreement to lease commercial premises to defendants, David and Barbara Seibel (the Seibels) and David and Barbara Wright (the Wrights), as joint obligors. The Seibels and...

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