Opinion

State Ex Rel. White Lumber Sales, Inc. v. Sulmonetti

  • 252 Or. 121
  • 448 P.2d 571
  • 1968 Ore. LEXIS 728
Court
Oregon Supreme Court
Filed
Dec 18, 1968
Status
Published
Author
Holman
On the bench
McAllister, Sloan, O'Connell, Goodwin, Denecke, Holman, Hodman
Cited by
67 cases

when a wholesaler who had purchased wood from an Oregon company in the past had telephoned a new order, resulting in wood being shipped to wholesaler from Oregon, there were sufficient contacts to subject wholesaler to breach of contract action in Oregon

How later courts described this case

  • when a wholesaler who had purchased wood from an Oregon company in the past had telephoned a new order, resulting in wood being shipped to wholesaler from Oregon, there were sufficient contacts to subject wholesaler to breach of contract action in Oregon
  • out-of-state telephone call establishing contractual relationship set in motion forces that necessarily had impact in Oregon

Written by the judges who cited it.

The opinion

HOLMAN, J.,

concurring.

One who regularly engages in interstate business subjects himself to the possible inconvenience of litigating in other states concerning the business there transacted. Anyone who either buys or sells nationally transacts business in the state of both the buyer and the seller. The fairness involved is really determined by the convenience of the litigants. If it is convenient to transact business it is not so inconvenient to litigate as to be unfair. .1 disagree that there is any logical basis for giving a preference to a defendant as does the dissenting opinion. I Therefore, I concur in allowing the seller to bring an action in Oregon as I would have permitted the purchaser to litigate in its state had it first commenced litigation there against the seller and if the statute in that state was as broad as the one in Oregon.;

Denecke, J., joins 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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