LES SCHWAB TIRE CENTERS v. IVORY RANCH

No. 8-81-CIV-89; CA A25881.

664 P.2d 419 (1983)

63 Or.App. 364

LES SCHWAB TIRE CENTERS of Oregon, Inc., an Oregon Corporation, Respondent, v. IVORY RANCH, Inc., a Nevada Corporation, Appellant.

Court of Appeals of Oregon.

Decided May 25, 1983.


Attorney(s) appearing for the Case

Martin E. Hansen, Bend, argued the cause for appellant. With him on the briefs was Johnson, Marceau, Karnopp & Petersen, Bend.

Frank G. MacMurray, Redmond, argued the cause for respondent. On the brief was Paul R. Unger, Redmond.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


YOUNG, Judge.

This appeal presents the novel issue whether ORS 71.2070 (Uniform Commercial Code § 1-207) has altered the common law doctrine of accord and satisfaction as applied to checks tendered as full payment of a disputed sum. The issue was presented to the trial court on cross-motions for summary judgment. The trial court decided that the statute applied and granted plaintiff summary judgment. Defendant appeals from the final judgment, and we reverse....

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