Botteron v. Carter

Defendants in this writ of review proceeding appeal from an adverse judgment entered in the circuit court. We reverse.

Plaintiff brought an action against defendants in the district court claiming damages under ORS 91.8151 based upon defendants’ failure to deliver possession of premises plaintiff claims to have rented from defendants. Plaintiff moved for summary judgment; defendants demurred for failure to state a cause of action. The district court entered an order denying plaintiff’s motion and sustaining defendants’ demurrer to the complaint, allowing plaintiff ten days within which to…