RISTAU v. WESCOLD, INC.

CC 9104-02042; CA A73177; SC S40351.

868 P.2d 1331 (1994)

318 Or. 383

Ward W. RISTAU, Respondent on Review, v. WESCOLD, INC., an Oregon corporation; and Theodore E. Youngren, Petitioners on Review.

Supreme Court of Oregon.

Decided March 10, 1994.


Attorney(s) appearing for the Case

Don G. Carter, McEwen, Gisvold, Rankin & Stewart, Portland, argued the cause and filed the petition, for petitioners on review.

Robert D. Bulkley, Jr., Markowitz, Herbold, Glade & Mehlhaf, P.C., Portland, argued the cause, for respondent on review. With him on the response to the petition were David B. Markowitz and Lynn R. Stafford.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


CARSON, Chief Justice.

The issue in this case is whether an agreement purporting to release "any and all claims, * * * whether known or unknown, now existing," precludes a claim of statutory fraud in the inducement of a contemporaneously executed stock sale agreement. The trial court held that the release agreement barred the claim and granted summary judgment in favor of defendants. The Court of Appeals, in an in banc decision, reversed, holding that the trial...

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