Aylett v. Aylett

In this action brought pursuant to ORS 28.010, the trial court granted declaratory judgment in favor of defendants.1 Plaintiffs appeal, arguing that the trial court erred in enforcing an oral lease between the parties that they contend is unenforceable under ORS 41.580(l)(e).2 The trial court enforced the oral lease on the basis of defendants’ part performance. On appeal, plaintiffs argue as follows: (1) this case is an action at law and the doctrine of part performance is not cognizable in an action at law; and (2) because defendants’ actions with respect to the subject properties are not…