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MALAN v. TIPTON

(CC 06-00801-CV; CA A136333; SC S058156).

247 P.3d 1223 (2011)

349 Or. 638

Eric MALAN, as Personal Representative of the Estate of James Harold Woodard, Respondent on Review, v. Linda TIPTON, Art Mills, dba Credit Bureau of Klamath County; and Eugene V. Anderson, Defendants, and Lucille Jenner, as Personal Representative of the Estate of Linda L. Tipton, aka Linda Spears, Petitioner on Review.

Supreme Court of Oregon.

Decided February 17, 2011.

Attorney(s) appearing for the Case

Eugene V. Anderson , Medford, argued and submitted the brief for petitioner on review.

Andrew C. Brandsness , Klamath Falls, argued and submitted the brief for respondent on review.

Scott A. Shorr and Keil M. Mueller of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed the briefs for amicus curiae Oregon Trial Lawyers Association.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

WALTERS, J.

An Oregon statute provides that, when a debtor makes a written offer to pay a particular sum of money to a creditor and the creditor does not accept the offer, the offer is equivalent to the actual production of the money. ORS 81.010.1 In this case, we apply that statute and decide that the trial court was correct in concluding that defendant, a debtor, made a valid written offer of payment under ORS 81.010; that plaintiff...

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