Newbern v. Gas-Ice Corporation

This is an action for payments allegedly dne under a lease of a so-called “Tank Farm” owned by plaintiff and leased to defendant. Defendant appeals from an adverse judgment. We affirm. This case is a companion case to the ease of Gas-Ice Corporation v. Newbern, 263 Or 263, 501 P2d 1288 (1972).

One of the contentions by the corporation as the plaintiff and appellant in that ease was that the trial court erred in “not determining that the Tank Farm was acquired by defendants [Newbern] and leased to plaintiff [Gas-Ice Corporation] in breach of defendants’ fiduciary duties to plaintiff” as an…