Legal Opinion

Eo v. Trane

Court of Appeals of Oregon

Decided June 13, 2007No. C033271CV; A127220Published

1Opinion of the Court

BREITHAUPT, J. pro tempore

Defendant landlord appeals a judgment for plaintiffs in this landlord-tenant dispute. Defendant assigns error to the following decisions of the trial court: (1) that he waived his right to late fees and (2) that plaintiffs were not required to reimburse defendant for heating oil. In a third assignment of error, defendant asserts that, if he prevails on the first or both assignments of error, he will be entitled to costs and attorney fees as the prevailing party. We affirm.

I. FACTS

The following facts are undisputed. In late August 2000, defendant (landlord) leased a…

2Cases cited11 opinions

  1. Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
  2. Borne Chemical Co. v. DictrowAppellate Division of the Supreme Court of the State of New York · 1981
  3. Birnbaum v. Yankee Whaler, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. Montant v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
  5. 61 East 72nd Street Corp. v. ZimbergAppellate Division of the Supreme Court of the State of New York · 1990

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