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Highway Commission had made “tender” that precluded award of attorney fees under former ORS 366.380(7) (1955), repealed by Oregon Laws 1971, chapter 741, section 38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).

Cited by

13 cases in this archive cite this case.

• Fresk v. Kraemer
  Oregon Supreme Court· 2004-10-21· cited 45×
• State Highway Commission v. Bailey
  Oregon Supreme Court· 1957-12-31· cited 40×
• State Highway Commission v. Kendrick
  Oregon Supreme Court· 1961-07-19· cited 40×
• Moore Mill & Lumber Co. v. Foster
  Oregon Supreme Court· 1959-02-25· cited 37×
• Compton v. Weyerhaeuser Co.
  Oregon Supreme Court· 1986-12-16· cited 18×
• Stelljes v. State Bd. of Parole
  Oregon Supreme Court· 1989-02-14· cited 11×
• Government of the Virgin Islands v. Approximately 3.4 Acres of Land Located at Parcels No. 4-2 & 4-3 Estate Ensomhed
  Virgin Islands· 1975-12-29· cited 5×
• Malan v. Tipton
  Oregon Supreme Court· 2011-02-17· cited 4×
• State Highway Commission v. Lytle
  Oregon Supreme Court· 1963-04-17· cited 4×
• State Highway Commission v. Freeman
  Court of Appeals of Oregon· 1972-12-15· cited 3×
• Fresk v. Kraemer
  Court of Appeals of Oregon· 2003-01-08· cited 3×
• Davis v. NYE DITCH USERS IMP. DIST.
  Court of Appeals of Oregon· 2011-12-14· cited 1×
• Davis v. Nye Ditch Users Improvement District
  Court of Appeals of Oregon· 2011-12-14· cited 1×

Cites

4 cases in this archive are cited by this case.

• Holladay v. Holladay
  Oregon Supreme Court· 1886-06-17· cited 16×
• Warm Springs Irrigation Dist. v. Pacific Livestock Co.
  Oregon Supreme Court· 1918-05-28· cited 15×
• Anderson v. Griffith
  Oregon Supreme Court· 1908-02-25· cited 13×
• Welch v. City of Astoria
  Oregon Supreme Court· 1894-07-05· cited 9×