PERLA DEVELOPMENT CO. v. PACIFICORP

83-707-CV-1; CA A35003.

727 P.2d 149 (1986)

82 Or. App. 50

PERLA DEVELOPMENT COMPANY, INC., an Arizona corporation, Respondent, v. PACIFICORP, formerly known as Pacific Power & Light Company, an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1986.

Reconsideration Denied January 9, 1987.


Attorney(s) appearing for the Case

Peter R. Jarvis, Portland, argued the cause for appellant. With him on the briefs were Charles Adams, Portland, and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Timothy A. Bailey, Klamath Falls, argued the cause for respondent. With him on the brief was Crane & Bailey, Klamath Falls.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., W. Benny Won, Asst. Atty. Gen., Salem, filed a brief amicus curiae for Gene Maudlin, Public Utility Com'r of Oregon.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

Pacificorp appeals from a judgment awarding Perla Development Company (Perla) damages for breach of contract, trebled under ORS 756.185. It contends that the trial court erred in holding that it had jurisdiction over Perla's claims and in enforcing the contract. We conclude that the trial court had jurisdiction but that it erred in enforcing an unenforceable contract. Therefore, we reverse.

Before 1975, Perla developed a subdivision in...

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