William C. Cornitius, Inc. v. Wheeler

This is an appeal by defendant from a summary judgment granted plaintiff in an action for forcible entry and detainer.

Defendant, a service station operator who leased his station from plaintiff, admitted that the station lease had expired, that it was not renewed, and that plaintiff gave the necessary notice to vacate before commencing this action. On appeal, defendant contends that the trial court erred in holding that the pleadings and affidavits did not disclose any material issue of fact. See ORS 18.105. The underlying issue is the availability of defendant’s affirmative defenses.

The…