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8 Oregon opinions name it 2 courts 1904–2006 0 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 |
|---|---|---|
Lenchitsky v. H. J. Sandberg Co.green1 sentence2006See Lenchitsky, 217 Or. at 490, 343 P.2d 523 (noting that, in 1936 and 1957, the Supreme Court approved the statement that "[t]he intention of the parties [as to the effect of the accord], which is of course controlling, must be determined from all the circumstances attending the transaction"). | 1 | 1 |
Harding v. Bellgreen2 sentences1977See, e.g., Harding v. Bell, 265 Or 202, 209 , 508 P2d 216 (1973); Capps v. Georgia-Pacific, 253 Or 248 , 453 P2d 935 (1969), and cases cited. 1977See, e.g., Harding v. Bell, 265 Or 202, 209 , 508 P2d 216 (1973); Capps v. Georgia-Pacific, 253 Or 248 , 453 P2d 935 (1969), and cases cited. | 1 | 1 |
McCargar v. Wileygreen2 sentences1928“The purpose of the statute permitting a defendant, in his answer, to set up a counterclaim was to prevent circuity of action, multiplicity of suits, -unnecessary delay and expense to litigants.” McCargar v. Wiley, 112 Or. 215, 224 ( 229 Pac. 665 ). 1928“The purpose of the statute permitting a defendant, in his answer, to set up a counterclaim was to prevent circuity of action, multiplicity of suits, -unnecessary delay and expense to litigants.” McCargar v. Wiley, 112 Or. 215, 224 ( 229 Pac. 665 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re the Marriage of Bryant
green
2 sentences1998Cf. Bryant and Bryant, 70 Or App 443, 446 , 689 P2d 1025 (1984) (holding that a court may not set off an unliquidated claim against a final judgment). 1998Cf. Bryant and Bryant, 70 Or App 443, 446 , 689 P2d 1025 (1984) (holding that a court may not set off an unliquidated claim against a final judgment). | 1 | 1998–1998 |
Grove v. Hindquarter Corp.
green
1 sentence1984In Grove , we concluded that an unliquidated claim for attorney fees based on a contract provision could not be litigated in a commercial FED action, because the statutory FED procedure is designed to determine quickly only the issue of the right to possession, and joinder of a claim for attorney fees would destroy the summary nature of the proceeding. 45 Or App at 787-88 . | 1 | 1984–1984 |
Schumacher v. Moffitt
neutral
2 sentences1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. 1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. | 1 | 1977–1977 |
Capps v. Georgia Pacific Corporation
green
2 sentences1977See, e.g., Harding v. Bell, 265 Or 202, 209 , 508 P2d 216 (1973); Capps v. Georgia-Pacific, 253 Or 248 , 453 P2d 935 (1969), and cases cited. 1977See, e.g., Harding v. Bell, 265 Or 202, 209 , 508 P2d 216 (1973); Capps v. Georgia-Pacific, 253 Or 248 , 453 P2d 935 (1969), and cases cited. | 1 | 1977–1977 |
Edgley v. Jackson
neutral
2 sentences1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. 1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. | 1 | 1977–1977 |
Pederson v. City of Portland
neutral
2 sentences1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. 1977Accordingly, the defense should have gone to the jury unless it falls outside the general rule of accord and satisfaction recognized in Schumacher v. Moffitt, 71 Or 79 , 142 P 353 (1914) and Pederson v. Portland, 144 Or 437 , 24 P2d 1031 (1933) and reaffirmed most recently in Edgley v. Jackson, 276 Or 213 , 554 P2d 476 (1976), that acceptance of a check tendered in full payment will discharge an unliquidated claim disputed in good faith. 1 The premise of an accord and satisfaction is contractual. | 1 | 1977–1977 |
State Ex Rel. Bethke v. Bain
green
2 sentences1971Bethke v. Bain, 193 Or. 688 , 240 P.2d 958 (1952), the most recent of the cases cited by defendant in support of its contention that attachments will lie on implied contracts, the claim involved was not for failure of a tenant to return premises in good condition and this court specifically noted (at p. 701, 240 P.2d at p. 964 ) that "In the instant case no uncertainty exists as to the amount of money plaintiff paid on the purchase price and which he is entitled to recover upon rescission." [7] It follows, under the undisputed evidence and as a matter of law, [8] that since a substantial porti 1971Bethke v. Bain, 193 Or. 688 , 240 P.2d 958 (1952), the most recent of the cases cited by defendant in support of its contention that attachments will lie on implied contracts, the claim involved was not for failure of a tenant to return premises in good condition and this court specifically noted (at p. 701, 240 P.2d at p. 964 ) that "In the instant case no uncertainty exists as to the amount of money plaintiff paid on the purchase price and which he is entitled to recover upon rescission." [7] It follows, under the undisputed evidence and as a matter of law, [8] that since a substantial porti | 1 | 1971–1971 |
Wait v. Wheeler & Wilson Manufacturing Co.
green
2 sentences1928The authorities permit the assignment of an unliquidated claim: Wait v. Wheeler & Wilson Co., 23 Or. 297 ( 31 Pac. 661 ). 1928The authorities permit the assignment of an unliquidated claim: Wait v. Wheeler & Wilson Co., 23 Or. 297 ( 31 Pac. 661 ). | 1 | 1928–1928 |
Washington v. Louisville & Nashville Railroad
neutral
1 sentence1908Co., 34 Ill. | 1 | 1908–1908 |
Weider v. Osborn
green
2 sentences1908It is settled by Weider v. Osborn, 20 Or. 307 ( 25 Pac. 715 ), that Section 1168, B. & C. 1908It is settled by Weider v. Osborn, 20 Or. 307 ( 25 Pac. 715 ), that Section 1168, B. & C. | 1 | 1908–1908 |
Pengra v. Wheeler
green
2 sentences1904It is true, interest is not recoverable as such on an unliquidated claim until the amount thereof is ascertained: Pengra v. Wheeler, 24 Or. 532 ( 34 Pac. 354 , 21 L. 1904It is true, interest is not recoverable as such on an unliquidated claim until the amount thereof is ascertained: Pengra v. Wheeler, 24 Or. 532 ( 34 Pac. 354 , 21 L. | 1 | 1904–1904 |
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.