Portland General Electric v. Hershiser, Mitchell, Mowery & Davis

Defendants appeal from a judgment entered after a jury verdict in favor of plaintiff on its claim for breach of a commercial office lease. Because we conclude that the jury instructions on an important element of the case inconsistently placed the burden of proof on both parties, we reverse.

Plaintiff is the owner of Willamette Center (Center), a commercial office building in Portland. Defendants are partners in a law firm that leased office space in Center under a lease dated June 12, 1978, which was to expire on August 14, 1983. In July, 1981, defendants were considering expansion, and one…