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

> Oregon Supreme Court · December 18, 1968 · 252 Or. 121

URL: https://www.frixlaw.com/law-library/cases/9546891

## Case

- **Full name:** STATE EX REL WHITE LUMBER SALES, INC., Plaintiff, v. SULMONETTI, Defendant
- **Court:** Oregon Supreme Court
- **Decided:** December 18, 1968
- **Citations:** 252 Or. 121; 448 P.2d 571; 1968 Ore. LEXIS 728
- **Precedential status:** Published
- **Opinion:** Concurrence by Holman
- **Judges:** McAllister, Sloan, O'Connell, Goodwin, Denecke, Holman, Hodman
- **Cited by:** 67 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/9546891

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546891. Public record. Not legal advice.