Clackamas Town Center Associates v. Jandel Foods, Inc.

Landlord filed this FED action, and tenant tendered into court the amount of money representing the rent due at the time when the FED was filed. After a jury trial, judgment was entered that landlord recover nothing and that tenant is entitled to remain in possession of the premises. Tenant then moved to disburse the money as rent to landlord, and a stipulation to that effect was entered. Landlord appealed, and tenant now moves to dismiss the appeal on the ground that, by accepting the rent, landlord has waived the right to appeal.

In Reeves v. Baker, 270 Or 837, 530 P2d 30 (1974), the Supreme…