State Highway Commission v. Efem Warehouse Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying this court’s common-law understanding of tender in deciding whether plaintiff Highway Commission had made “tender” that precluded award of attorney fees under former ORS 366.380(7) (1955), repealed by Oregon Laws 1971, chapter 741, section 38
• highway commission, a quasi-public corporation, is “vested with broad powers but, of course, possesses no authority other than that conferred upon it by statute”
• in condemnation process under ORS 366.380(7) (1955), an offer of payment conditioned upon the landowner’s giving a warranty deed was a legally sufficient preclusive “tender” because the state was legally entitled to insist on that condition
• validity of tender determined in light of governing statute

Source: CourtListener parenthetical corpus (CC0).