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SCHIFFER v. UNITED GROCERS, INC.

(CC 94-2411-L-2; CA A87467; SC S43670)

989 P.2d 10 (1999)

329 Or. 86

Dwaine SCHIFFER and White City Development, Respondents on Review, v. UNITED GROCERS, INC., an Oregon Corporation, Petitioner on Review.

Supreme Court of Oregon.

Reassigned February 3, 1998.

Decided July 15, 1999.

Attorney(s) appearing for the Case

David J. Sweeney, of Brownstein, Rask, Arenz, Sweeney, Kerr & Grim, Portland, argued the cause for petitioner on review. With him on the briefs was Paul G. Dodds.

Charles M. Zennache, of Muhlheim Palmer Zennache & Wade, Eugene, argued the cause for respondents on review. With him on the brief was R. Scott Palmer.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.

KULONGOSKI, J.

We are asked in this case to reconsider the rule of law in Oregon that a release of one joint and several obligor on a promissory note releases the other joint and several obligors. This court recognized the "release of one releases all" rule in the context of a joint and several obligation as a matter of common law in Crawford v. Roberts, 8 Or. 324, 325-26 (1880).1 For the reasons explained below, we now agree with...

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