United States National Bank of Oregon v. Homeland, Inc.
Supreme Court of Oregon
631 P.2d 761 (1981)
Homeland (defendant) leased commercial real estate from a predecessor in interest of United States National Bank of Oregon (plaintiff). Homeland defaulted on the lease, abandoning the premises and making no further rent payments. The property sat vacant for a time while the lessor made efforts to find a new tenant. A new tenant, Sebastian’s International, rented the property at a higher rent than what Homeland had paid. The term of the new lease extended beyond the original term of Homeland’s lease. Sebastian’s defaulted and abandoned the premises before the expiration of Homeland’s original lease term. The lessor marketed the property again and ultimately found a third tenant. The bank filed suit to enforce the lessor’s rights against Homeland. The bank sought damages in the amount of Homeland’s rent due under the terms of its lease, less the amount received from Sebastian’s, for the period of time between Homeland’s default and the commencement of the lease to the third tenant. Homeland argued that its lease terminated as soon as the premises were relet to Sebastian’s and that any claim for damages should be limited to the time between Homeland’s default and the start of the lease to Sebastian’s. The trial court and the court of appeals agreed with Homeland and limited damages to the start of the lease to Sebastian’s. The bank petitioned the state supreme court for review.
Rule of Law
Holding and Reasoning (Peterson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.