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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Lindsey v. Normet, 405 U.S. 56 (1972)

Citation
Lindsey v. Normet, 405 U.S. 56 (1972)
Parent Document
Lindsey v. Normet, 405 U.S. 56 (1972)
Effective Date
1972-02-23

Other Sections in This Document (263)

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[11] Oregon also recognizes certain equitable defenses in FED actions, see Leathers v. Peterson, 195 Ore. 62, 244 P. 2d 619 (1952) (mental incompetence); Crossen v. Campbell, 102 Ore. 666, 202 P. 745 (1921) (forfeiture of lease); Friedenthal v. Thompson, 146 Ore. 640, 31 P. 2d 643 (1934) (reformation of lease); Menefee Lumber Co. v. Abrams, 138 Ore. 263, 5 P. 2d 709 (1931) (lessor's breach of dependent covenant not to rent another part of premises to business competitive with lessee—tried by stipulation), and ORS § 16.460 provides that when an equitable matter is interposed, the FED action will be stayed until the equitable matters are determined. Apparently, however, the defenses sought to be raised by appellants are not in this category.