Perkins v. Standard Oil Co.
| Decision Date | 15 July 1963 |
| Citation | 383 P.2d 1002,235 Or. 7 |
| Parties | Clyde PERKINS, Appellant, v. STANDARD OIL COMPANY of California, a corporation, and Harris Oil Company, a corporation, Harris Distributing Company, a corporation, and Lee Powell, Respondents. |
| Court | Oregon Supreme Court |
Koerner, Young, McColloch & Dezendorf, Clarence J. Young, Wayne Hilliard, and James H. Clarke, Portland, for the request.
The defendant-respondent has filed in this court a document entitled 'Respondent's Request for Modification of Opinion' which, after stating 'Standard does not seek a rehearing,' quotes three excerpts which it takes from the part of our opinion that states the controversy and then declares that they are not supported by the record. We think that our opinion does not misstate the facts.
If the defendant's purpose in calling the three excerpts to our attention sprang from a fear that unless they are modified the passages may be misused by its adversary during the trial, we explain that which is obvious--our opinion is not a set of findings of fact. It assumes the truth of the plaintiff's complaint and since the defendant has not submitted to the courts its version of the facts the statements made in our opinion cannot be attributed to the defendant except as a hypothesis for obtaining a ruling as to the law--not the facts.
The defendant's request for a modification is denied.
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...the right of the other party to receive the fruits of the contract * * *." Perkins v. Standard Oil Co., 235 Or. 7, 16, 383 P.2d 107, 383 P.2d 1002 (1963) (citations and internal quotation marks omitted). The concept of good faith "emphasizes faithfulness to an agreed common purpose and cons......
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...(9th Cir. 1972); See, 3 Corbin, Contracts 249--62, § 558 (1960). See also, Perkins v. Standard Oil Co., 235 Or. 7 , 15, 383 P.2d 107, 383 P.2d 1002 (1963). We conclude that, taking the normal meaning of the word 'retirement,' the extrinsic evidence and the cases on the subject, retirement b......
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...Or. 25, 26, 147 P.2d 204. The same principle has been repeated several times. Perkins v. Standard Oil Co., 1963, 235 Or. 7, 383 P.2d 107, 383 P.2d 1002; Parker v. Faust, 1960, 222 Or. 526, 353 P.2d 550; L. B. Menefee Lumber Co. v. MacDonald et al., 1927, 122 Or. 579, 260 P. In recognition o......
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