H. Naito Corp. v. Quest Entertainment Ventures, LP

MEMORANDUM **

Quest Entertainment Ventures, LP (“Quest”) appeals the district court’s grant of summary judgment in favor of H. Naito Corporation (“Naito”) on its breach of lease action against Quest and the court’s award of damages and attorney’s fees to Naito. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Quest has not established a genuine issue of material fact as to whether Naito abandoned the lease. Under Oregon contract law, “all parties to the contract must assent to its rescission or abrogation, and there must be a meeting of the minds.” McGrath v. Electrical Construction Co., 230 Or. 295 , 364 P.2d 604, 609 (1961). Even given the deposition testimony of a Naito representative that “the lease was no longer valid in my mind” at the time of the October 21, 1999 meeting between Naito and Quest, the great weight of the evidence demonstrates that there was no agreement between the parties to abandon the lease. Naito continued to send past due notices to Quest throughout the period in question, and as late as January 11, 2000, Quest offered a possible “buy-out of the lease” — indicating that Quest believed that the lease was still operative at that time…