Short v. Waggoner

Oregon Supreme Court

Short v. Waggoner

446 P.2d 113, 251 Or. 447, 1968 Ore. LEXIS 475

DecidedOctober 23, 1968

StatusPublished

This text of 446 P.2d 113 (Short v. Waggoner) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Short v. Waggoner, 446 P.2d 113, 251 Or. 447, 1968 Ore. LEXIS 475 (Or. 1968).

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Opinion

DENECKE, J.

The plaintiff, as lessee, brought an action for breach of lease of a small hotel against the defendant, [448]*448aS "lessor. ‘ While that action -was pending, the plaintiff brought the present action, alleging that the parties had agreed upon a.settlement of the pending lawsuit and their other differences. Plaintiff alleged that the. defendant failed and refused to perform his. part -.of-the settlement agreement, including the payment of .$2,500; therefore, plaintiff is entitled to damages' in . that amount. The trial court granted defendant’s motion for a directed verdict, and plaintiff appeals.

The appeal turns upon whether there was any evidence from which the jury could reasonably find that the- parties did come to -a meeting of the minds upon a settlement agreement. We find there was such evidence.

The attorney who negotiated for the plaintiff testified that the attorney who negotiated for the defendant offered to settle- on- the -basis- that the defendant would pay the plaintiff $2,500; he would give up his claims against the plaintiff for storage; he would use certain furniture.in-the apartments; and that, the plaintiff would take the furniture in the rooms and would vacate the premises. The plaintiff’s attorney testified '■ that.-he.informed'his..-client‘of these terms; she considered them and accepted them and "such acceptance . was. communicated to the defendant’^ attorney. ■

'-Reversed- arid remanded.

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DENECKE, J.

The plaintiff, as lessee, brought an action for breach of lease of a small hotel against the defendant, [448]*448aS "lessor. ‘ While that action -was pending, the plaintiff brought the present action, alleging that the parties had agreed upon a.settlement of the pending lawsuit and their other differences. Plaintiff alleged that the. defendant failed and refused to perform his. part -.of-the settlement agreement, including the payment of .$2,500; therefore, plaintiff is entitled to damages' in . that amount. The trial court granted defendant’s motion for a directed verdict, and plaintiff appeals.

The appeal turns upon whether there was any evidence from which the jury could reasonably find that the- parties did come to -a meeting of the minds upon a settlement agreement. We find there was such evidence.

The attorney who negotiated for the plaintiff testified that the attorney who negotiated for the defendant offered to settle- on- the -basis- that the defendant would pay the plaintiff $2,500; he would give up his claims against the plaintiff for storage; he would use certain furniture.in-the apartments; and that, the plaintiff would take the furniture in the rooms and would vacate the premises. The plaintiff’s attorney testified '■ that.-he.informed'his..-client‘of these terms; she considered them and accepted them and "such acceptance . was. communicated to the defendant’^ attorney. ■

'-Reversed- arid remanded.

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Bluebook (online)

446 P.2d 113, 251 Or. 447, 1968 Ore. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-waggoner-or-1968.