State Highway Commission v. DeLong Corp.

551 P.2d 102, 275 Or. 351, 1976 Ore. LEXIS 795
CourtOregon Supreme Court
DecidedJune 24, 1976
StatusPublished
Cited by15 cases

This text of 551 P.2d 102 (State Highway Commission v. DeLong Corp.) 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
State Highway Commission v. DeLong Corp., 551 P.2d 102, 275 Or. 351, 1976 Ore. LEXIS 795 (Or. 1976).

Opinion

McAllister, j.

The State of Oregon brought a declaratory action for damages, plus interest, in the Circuit Court for Marion County against DeLong Corporation and its surety, Travelers Indemnity Company. On May 23, 1969 the court entered a judgment in favor of plaintiff and against both defendants, which, in pertinent part, provided as follows:

"3. Plaintiff shall be and hereby is granted judgment against the defendants and each of them in the amount of $1,719,864.19, bearing interest at the rate of 6% per annum on the respective portions thereof from the respective dates set forth below:
AMOUNT Bearing Interest From:
$ 278,554.38 June 22, 1965
602,720.42 July 19, 1965
242,647.01 Aug. 27, 1965
21,062.83 Oct. 26, 1965
19,719.74 Nov. 18, 1965
69,412.50 Nov. 24, 1965
9,356.05 Dec. 16, 1965
8,283.31 Feb. 7, 1966
3,691.50 Feb. 15, 1966
6,346.20 Mar. 14, 1966
3,266.00 Apr. 14, 1966
117,114.86 Aug. 29, 1966
7,807.76 Sept. 14, 1966
4,151.23 Sept. 16, 1966
78,615.55 Oct. 22, 1966
73,172.59 Nov. 22, 1966
9,720.54 Dec. 22, 1966
2,800.37 Feb. 15, 1967
156,534.88 Mar. 16, 1967
4,886.47 Apr. 5, 1967
$1,719,864.19
"4. Plaintiff shall be and hereby is granted judgment against the defendants and each of them in the further sum of $952,000.00, without interest prior to judgment;” (emphasis added).

[354]*354The judgment also awarded plaintiff an attorney’s fee of $250,000 and $1,951.09 as its costs.

The judgment was affirmed by the Court of Appeals, State Highway Com. v. DeLong Corp., 9 Or App 550, 495 P2d 1215 (1972). This court denied review November 8, 1972. The United States Supreme Court denied certiorari (DeLong Corporation et al v. State of Oregon, 411 US 965, 36 L Ed 2d 684, 93 S Ct 2142 (1973)).

On June 11, 1973, Travelers Indemnity Company, on behalf of DeLong, paid plaintiff the sum of $4,036,540.80, which was the total amount of the judgment of $1,719,864.19, plus interest at the rate of six per cent per annum on the "respective portions [of the judgment] from the respective dates set forth [in the judgment]” to the date of payment plus the balance of the judgment plus interest on such balance from the date of the judgment to the date of payment.

On June 14, 1973, the plaintiff filed a satisfaction pro tanto of the May 23,1969 judgment and authorized the clerk of the court "to enter this satisfaction pro tanto of record forthwith.” The plaintiff did not satisfy the judgment in full because it contended that it was entitled to payment of interest on the interest awarded in paragraph 3 of the May 23, 1969 judgment, from May 23, 1969 until payment, in addition to the other sums awarded by the judgment.

On May 3,1974 the defendants moved the court for an order providing "that the judgment entered herein on May 23, 1969, has been fully satisfied.”

On September 9, 1974 the circuit court entered an order providing "that defendants’ motion is allowed and the judgment entered herein on May 23, 1969, is hereby declared to be satisfied in full, together with any attorney’s lien created thereby.”

The plaintiff appealed to the Court of Appeals from the order of September 9, 1974 contending that said order deprived it of post judgment interest on the pre[355]*355judgment interest included in the May 23, 1969 judgment. The Court of Appeals reversed, holding that plaintiff was entitled to post judgment interest on the prejudgment interest. We granted review.

There is no dispute about the right of the plaintiff to prejudgment interest as provided in paragraph 3 of the May 23, 1969 judgment. This court has consistently held that interest on unliquidated damages for breach of contract is proper where the exact amount of damages is either ascertained or is readily ascertainable and the time from which the interest runs is easily ascertained. Kreig v. Union Pacific Land Res. Corp., 269 Or 221, 234-235, 525 P2d 48 (1974) and cases cited therein.

The prejudgment interest in this case was awarded pursuant to ORS 82.010(l)(a) or ORS 82.010(l)(b), which, in pertinent part, read as follows:

"(1) The legal rate of interest is six percent per annum and is payable on:
"(a) All moneys after they become due; * * *
"(b) Judgments and decrees for the payment of money from the date of the entry thereof unless some other date is specified therein, * *

It makes little difference in this case whether the prejudgment interest was allowed under ORS 82.010(l)(a) or ORS 82.010(l)(b) and we need not burden this opinion by considering that question. See, however, Gow v. Multnomah Hotel, Inc., 191 Or 45, 73, 224 P2d 552, 228 P2d 791 (1951).

This court in Graham v. Merchant, 43 Or 294, 72 P 1088 (1903) allowed, without comment, post judgment interest on prejudgment interest. In that case the vendor had breached a contract to convey land and the plaintiff elected to rescind and brought an action to recover the amounts he had paid on the contract. The amounts paid by plaintiff purchaser and the dates on which payments were made were not in dispute.

This court held that plaintiff was entitled to inter[356]*356est at the legal rate1 on all payments made from the date paid until September 12,1902 when the judgment was entered. This court then computed the interest due when the judgment was entered and entered judgment for the total sum, principal and accrued interest, and then awarded interest on the full amount of the judgment from the date of the judgment until paid.

Defendants concede in their brief that a review of the authorities cited by plaintiff

"* * * support the proposition that a judgment may be entered by a trial court which contains an award for pre-judgment interest in such a manner that the entire amount of that judgment (including pre-judgment interest) will bear post-judgment interest. As indicated above, defendants do not quarrel with this rule, believing that the case of Graham v. Merchant, supra, stands for exactly this proposition. * * *”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cumming v. Nipping
564 P.3d 148 (Court of Appeals of Oregon, 2025)
Anthony V. Albertazzi, P.C. v. Jones
517 P.3d 340 (Court of Appeals of Oregon, 2022)
Skinner and Skinner
498 P.3d 311 (Court of Appeals of Oregon, 2021)
In Re the Marriage of Chase
323 P.3d 266 (Oregon Supreme Court, 2014)
State v. Cain
320 P.3d 600 (Court of Appeals of Oregon, 2014)
Wilson v. Smurfit Newsprint Corp.
107 P.3d 61 (Court of Appeals of Oregon, 2005)
Ramis Crew Corrigan & Bachrach, LLP v. Stoelk
92 P.3d 154 (Court of Appeals of Oregon, 2004)
United Ins. Co. v. Chapman Industries
83 P.3d 831 (Nevada Supreme Court, 2004)
Uniroyal Goodrich Tire Co. v. Mercer
890 P.2d 785 (Nevada Supreme Court, 1995)
Southern Oregon Production Credit Ass'n v. Geaney
692 P.2d 83 (Oregon Supreme Court, 1984)
Meskimen v. Larry Angell Salvage Co.
592 P.2d 1014 (Oregon Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
551 P.2d 102, 275 Or. 351, 1976 Ore. LEXIS 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-commission-v-delong-corp-or-1976.