# Millers Mutual Fire Insurance Co. of Texas v. Wildish Construction Co.

> Oregon Supreme Court · July 6, 1988 · 306 Or. 102

URL: https://www.frixlaw.com/law-library/cases/9622689

## Case

- **Full name:** MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Plaintiff, v. WILDISH CONSTRUCTION COMPANY, Petitioner/Cross-Respondent on Review, and BARNES Et Ux, Respondents/Cross-Petitioners on Review
- **Court:** Oregon Supreme Court
- **Decided:** July 6, 1988
- **Citations:** 306 Or. 102; 758 P.2d 836
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Campbell, Jones, Linde, Lent, Gillette
- **Cited by:** 13 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/9622689

## How later opinions describe it (automated extraction)

- noting conclusion after comparing both sections and including Reporter’s note comment to the Restatement (Second) of Torts § 929 that "[t]he black letter has been reworded in the interest of clarity”

## Opinion text

JONES, J.,
concurring.
This case has been made unfortunately complex by the plaintiffs’ asking too much and proving too little. In my opinion, plaintiffs should be entitled to the reasonable cost to repair or replace their premises so long as this cost is reasonably related to the market value of the premises. The evidence presented by plaintiffs in this case is that the cost of replacement was $228,000, with a market value of the premises of no more than $168,000. 1 Plaintiffs made no effort to reconcile these figures in a reasonable relationship and failed to prove the difference between the before- and after-market value of the premises. As a result plaintiffs will end up with nothing, when they were entitled to reasonable compensation for their loss.
As noted in the majority opinion, this amount was never proven.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9622689. Public record. Not legal advice.