# Dan Bunn, Inc. v. Brown

> Oregon Supreme Court · February 7, 1979 · 285 Or. 131

URL: https://www.frixlaw.com/law-library/cases/9538398

## Case

- **Full name:** DAN BUNN, INC., Et Al, Appellant/Cross-respondents, v. BROWN Et Al, Respondents/Cross-appellants, RATZLAFF Et Ux, Respondents
- **Court:** Oregon Supreme Court
- **Decided:** February 7, 1979
- **Citations:** 285 Or. 131; 590 P.2d 209; 1979 Ore. LEXIS 838
- **Precedential status:** Published
- **Opinion:** Concurrence by Linde
- **Judges:** Denecke, C.J., and Tongue, Bryson and Linde
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9538398

## How later opinions describe it (automated extraction)

- stating that conditions precedent are facts that arise subsequent to the formation of the contract that must exist or occur before there is a right to expect performance from the other side

## Opinion text

LINDE, J.,
concurring.
I agree that the parties rescinded the original contract in return for a nonconditional promise by defendants to pay plaintiff $50,000. I am not persuaded that defendants could rely on the lack of a favorable report on tentative subdivision approval as a condition relieving them of the obligation to go through with the sale to plaintiff, but in view of the rescission, I need not pursue that disagreement with the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9538398. Public record. Not legal advice.