17 Oregon opinions name it 2 courts 1961–2022 1 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Reeves v. Chem Industrial Companygreen1 sentence2022Reeves, 262 Or at 100-01 (hold- ing that a contractual clause agreeing on an exclusive forum will not be enforced if it is determined to be unfair or unreasonable). | 1 | 1 |
Gilbert v. California Oregon Power Co.green2 sentences2014See Gilbert v. California Oregon Power Co., 223 Or 1, 15-16 , 353 P2d 870 (1960) (where one party prevents another from performing under the terms of a contract, the party preventing performance may not avail itself of the failure). 2014See Gilbert v. California Oregon Power Co., 223 Or 1, 15-16 , 353 P2d 870 (1960) (where one party prevents another from performing under the terms of a contract, the party preventing performance may not avail itself of the failure). | 1 | 1 |
McMillan v. Follansbeegreen2 sentences2012See McMillan v. Follansbee, 194 Or App 145, 153 , 93 P3d 809 (2004) (“A contractual waiver requires the intentional relinquishment of a known right, manifested in an unequivocal manner.”). *500 Unlike the trial court, we conclude that the August 17 letter, and plaintiffs subsequent refusal to accept rent, constituted a waiver of plaintiffs contractual right to receive rent payments on the first of the month from September through December 2009. 2012See McMillan v. Follansbee, 194 Or App 145, 153 , 93 P3d 809 (2004) (“A contractual waiver requires the intentional relinquishment of a known right, manifested in an unequivocal manner.”). *500 Unlike the trial court, we conclude that the August 17 letter, and plaintiffs subsequent refusal to accept rent, constituted a waiver of plaintiffs contractual right to receive rent payments on the first of the month from September through December 2009. | 1 | 1 |
Savage v. Glenngreen1 sentence1961See, also, Savage v. Glenn, 10 Or 440 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. McDonnellgreen2 sentences1993But see State v. McDonnell, 310 Or 98, 114-16 , 794 P2d 780 (1990) (Fadeley, J., concurring in part; dissenting in part). 1993But see State v. McDonnell, 310 Or 98, 114-16 , 794 P2d 780 (1990) (Fadeley, J., concurring in part; dissenting in part). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Southern Pacific Co. v. Morrison-Knudsen Co.
green
2 sentences2013Co. v. Morrison-Knudsen Co., 216 Or 398, 408 , 338 P2d 665 (1959) (a contractual claim for indemnity “arises out of a liability flowing from the indemnitee’s negligent conduct”). 2013Co. v. Morrison-Knudsen Co., 216 Or 398, 408 , 338 P2d 665 (1959) (a contractual claim for indemnity “arises out of a liability flowing from the indemnitee’s negligent conduct”). | 1 | 2013–2013 |
Huff v. Shiomi
green
2 sentences2013In arguing to the contrary, Super One relies heavily on Huff v. Shiomi, 73 Or App 605 , 699 P2d 1178 (1985). 2013In arguing to the contrary, Super One relies heavily on Huff v. Shiomi, 73 Or App 605 , 699 P2d 1178 (1985). | 1 | 2013–2013 |
14 Penn Plaza LLC v. Pyett
green
2 sentences2012In that sense, the ROP clause penalizes an employee who seeks to exercise a statutorily protected right. 14 Penn Plaza LLC v. Pyett, 556 US 247 , 129 S Ct 1456 , 173 L Ed 2d 398 (2009), supports that view. 2012In that sense, the ROP clause penalizes an employee who seeks to exercise a statutorily protected right. 14 Penn Plaza LLC v. Pyett, 556 US 247 , 129 S Ct 1456 , 173 L Ed 2d 398 (2009), supports that view. | 1 | 2012–2012 |
McDonald v. Cullen
green
1 sentence2007In McDonald , the court held that a contractual clause that required a real property purchaser to obtain financing by a certain date was a clause that was material to both parties and, therefore, that a breach of that clause was a material breach. 277 Or at 41-44 . | 1 | 2007–2007 |
DeWitt-Erickson Construction, Inc. v. Moran Construction Co.
green
2 sentences2002Its right to a jury trial did not arise from failure of the lien, but from the independent contractual claim.” DeWittErickson Const., Inc., 86 Or App at 478 . 2002We noted that, “[w]hen the trial court found, contrary to the verdict, that plaintiff had not substantially performed, the only effect of its finding was to disallow the lien.” Id. | 1 | 2002–2002 |
Jones v. General Motors Corp.
green
2 sentences2001We review for errors of law, ORCP 47 C; Jones v. General Motors Corp., 325 Or 404, 420 , 939 P2d 608 (1997), and affirm. 2001We review for errors of law, ORCP 47 C; Jones v. General Motors Corp., 325 Or 404, 420 , 939 P2d 608 (1997), and affirm. | 1 | 2001–2001 |
Stevenson v. State Ex Rel. Department of Transportation
green
2 sentences1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). 1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). | 1 | 1998–1998 |
Samuel v. Frohnmayer
green
2 sentences1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). 1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). | 1 | 1998–1998 |
Gill v. State Accident Insurance Fund Corp.
green
2 sentences1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). 1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). | 1 | 1998–1998 |
Samuel v. Frohnmayer
neutral
2 sentences1998Stevenson v. State of Oregon, 290 Or. 3 , 619 P.2d 247 (1980); Gill v. SAIF, 314 Or. 719 , 842 P.2d 402 (1992); Samuel v. Frohnmayer, 82 Or.App. 375 , 728 P.2d 97 , mod. 84 Or.App. 80 , 728 P.2d 97 (1986), rev. den. 303 Or. 261 , 735 P.2d 1224 (1987). 1998Stevenson v. State of Oregon, 290 Or 3 , 619 P2d 247 (1980); Gill v. SAIF, 314 Or 719 , 842 P2d 402 (1992); Samuel v. Frohnmayer, 82 Or App 375 , 728 P2d 97 , mod 84 Or App 80 (1986), rev den 303 Or 261 (1987). | 1 | 1998–1998 |
Soltis v. Liles
green
1 sentence1997Id. | 1 | 1997–1997 |
Frontier Insurance Agency, Inc. v. Hartford Fire Insurance
green
1 sentence1985Id. at 484 . | 1 | 1985–1985 |
Bowes v. Lakeside Industries, Inc.
green
2 sentences1981Important to both the contractual claim against California Life and the fraud claim against Lakeside is the found fact that both Bowes and Segal of Lakeside understood, as well they should, that Bowes' insurable status was doubtful and that the insurer, not the insured, would ultimately make the determination." (Footnote omitted; emphasis added.) 209 N.W.2d at 901-902 . 1981Important to both the contractual claim against California Life and the fraud claim against Lakeside is the found fact that both Bowes and Segal of Lakeside understood, as well they should, that Bowes’ insurable status was doubtful and that the insurer, not the insured, would ultimately make the determination.” (Footnote omitted; emphasis added.) 209 NW2d at 901-902 . | 1 | 1981–1981 |
Firestone v. Firestone
green
1 sentence1979Cf., Firestone v. Firestone, 567 SW2d 889 (Tex Civ App 1978). | 1 | 1979–1979 |
Woodworth v. Vranizan
green
2 sentences1978Plaintiff’s contention is that the transactions gave rise to a contractual *589 claim on his part against the seller, as recognized in such decisions as Woodworth v. Vranizan, 273 Or 111 , 539 P2d 1055 (1975) and Boyce v. Standard Investment Co., 263 Or 82 , 501 P2d 65 (1972), and that Mayfair tortiously interfered with this contractual claim. 1978Plaintiff’s contention is that the transactions gave rise to a contractual *589 claim on his part against the seller, as recognized in such decisions as Woodworth v. Vranizan, 273 Or 111 , 539 P2d 1055 (1975) and Boyce v. Standard Investment Co., 263 Or 82 , 501 P2d 65 (1972), and that Mayfair tortiously interfered with this contractual claim. | 1 | 1978–1978 |
Boyce v. STANDARD INVESTMENT COMPANY
green
2 sentences1978Plaintiff’s contention is that the transactions gave rise to a contractual *589 claim on his part against the seller, as recognized in such decisions as Woodworth v. Vranizan, 273 Or 111 , 539 P2d 1055 (1975) and Boyce v. Standard Investment Co., 263 Or 82 , 501 P2d 65 (1972), and that Mayfair tortiously interfered with this contractual claim. 1978Plaintiff’s contention is that the transactions gave rise to a contractual *589 claim on his part against the seller, as recognized in such decisions as Woodworth v. Vranizan, 273 Or 111 , 539 P2d 1055 (1975) and Boyce v. Standard Investment Co., 263 Or 82 , 501 P2d 65 (1972), and that Mayfair tortiously interfered with this contractual claim. | 1 | 1978–1978 |
Wiebe v. Seely
green
2 sentences1970The situation is very similar to the ease of Wiebe v. Seely, 215 Or 331 , 335 P2d 379 (1959). 1970The situation is very similar to the ease of Wiebe v. Seely, 215 Or 331 , 335 P2d 379 (1959). | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.