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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

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

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Oregon also recognizes certain equitable defenses in FED actions, see Leathers v. Peterson, 195 Or. 62, 244 P.2d 619 (1952) (mental incompetence); Crossen v. Campbell, 102 Or. 666, 202 P. 745 (1921) (forfeiture of lease); Friedenthal v. Thompson, 146 Or. 640, 31 P.2d 643 (1934) (reformation of lease); Menefee Lumber Co. v. Abrams, 138 Or. 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. 12