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.