Opinion

Scovell v. TRK Trans, Inc.

  • 299 Or. 679
  • 705 P.2d 1144
Court
Oregon Supreme Court
Filed
Aug 27, 1985
Status
Published
Author
Peterson
On the bench
Linde, Peterson, Lent, Roberts, Jones
Cited by
6 cases
Authority
More cited than 4.8%

interpreting Oregon statute which states that settling party is not entitled to contribution

How later courts described this case

  • interpreting Oregon statute which states that settling party is not entitled to contribution
  • “ ‘The right to contribution is inchoate from the date of the creation of the relation between the parties, but is not complete, so as to be enforceable, until there has been an actual payment, in whole or in part, of the common obligation, or until something is done equivalent to a discharge thereof.’ ” (Emphases in original.)

Written by the judges who cited it.

The opinion

PETERSON, C. J.,

concurring.

I concur in the result, because I agree with Justice Lent that the failure to plead extinguishment as required by ORS 18.440(3) supports the trial court dismissal. See, however, my dissenting opinion in Beaver v. Pelett, 299 Or 664 , 705 P2d 1149 (1985).

Roberts and Jones, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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