Narrative Opinion Summary
Defendants appealed a judgment in favor of the plaintiff for unpaid rent under a written lease, while the plaintiff cross-appealed regarding the interest rate applied to the judgment. The court upheld the judgment for the plaintiff but concurred with the plaintiff's cross-appeal, determining that he was entitled to interest at the statutory rate of 9 percent per annum, rather than the 6 percent initially awarded. The court noted that ORS 82.010(3) mandated a 9 percent interest rate on judgments for monetary payments at the time the judgment was entered. The plaintiff's request for 6 percent interest was deemed unnecessary and merely surplusage. Consequently, the original judgment was vacated, and the case was remanded for a new judgment reflecting the 9 percent interest rate from July 10, 1981.
Legal Issues Addressed
Enforcement of Lease Agreementssubscribe to see similar legal issues
Application: The court upheld the judgment in favor of the plaintiff for unpaid rent under the written lease, demonstrating the enforceability of lease agreements.
Reasoning: Defendants appealed a judgment in favor of the plaintiff for unpaid rent under a written lease...
Modification of Judgment Interest Ratesubscribe to see similar legal issues
Application: The court vacated the original judgment and remanded the case for a new judgment to reflect the correct statutory interest rate of 9 percent from the specified date.
Reasoning: Consequently, the original judgment was vacated, and the case was remanded for a new judgment reflecting the 9 percent interest rate from July 10, 1981.
Statutory Interest Rate on Judgmentssubscribe to see similar legal issues
Application: The court determined that the plaintiff was entitled to interest at the statutory rate of 9 percent per annum, as mandated by ORS 82.010(3), rather than the 6 percent initially awarded.
Reasoning: The court noted that ORS 82.010(3) mandated a 9 percent interest rate on judgments for monetary payments at the time the judgment was entered.