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eBook details

• Title: Snow v. Winn
• Author : In the Court of Appeals of the State of Oregon
• Release Date : January 26, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

1 Plaintiff [landlord] brought this suit to terminate a commercial lease with defendants [tenant] and to quiet his title in the demised premises. The leasehold estate in suit consists of a filling station with car wash facilities situated in the City of Weatherford. Landlord claimed that tenant breached the lease agreement by his [1] "assignment" of the premises to a third party [Operator] without landlords consent [2] unauthorized alteration of a structure upon the premises and [3] impermissible use of the premises for a convenience grocery store contrary to the "purpose clause" of the agreement. From a judgment sustaining tenants "demurrer" to the evidence and entering judgment in his favor, landlord appeals. The Court of Appeals viewed, no doubt, the landlords suit as an action at law. It held that landlords evidence, considered in its most favorable light, did establish a prima facie case for submission to the trier of fact. On this ground the Court of Appeals reversed the trial courts decision and remanded the cause "for further proceedings." On tenants petition, we grant certiorari and vacate the appellate courts opinion. Our pronouncement treats the suit as one in equity and views the judgment as not against the clear weight of the evidence.

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