Budget Rent-A-Car of Washington-Oregon, Inc. v. Todd Investment Co.

Defendant in this contract action admits liability r the payment of fair market value for certain asehold improvements and personal property con-jyed to it when it assumed plaintiffs leasehold. How-rer, defendant appeals the judgment for plaintiff on le ground that the parties’ limited arbitration agree-ent requires an appraiser, and not the court, to 'termine fair market value of the items in question.

Defendant assigns as error:

1. That the trial court erred by refusing to stay this action under Oregon’s arbitration statute, ORS 33.240, pending valuation by an appraiser.

2. That the trial…