Legal Opinion
Schiffer v. United Grocers, Inc.
Oregon Supreme Court
Decided July 15, 1999No. CC 94-2411-L-2; CA A87467; SC S43670PublishedCited by 26 opinions
1Opinion of the Court
*88KULONGOSKt, 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 the overwhelming number of jurisdictions that have abrogated, either by judicial decision or by statute, the “release of one releases all” rule in contract.2 We hold…
2Cases cited15 opinions
- Hoffman Construction Co. of Alaska v. Fred S. James & Co.Oregon Supreme Court · 1992
- Norwest v. Presbyterian Intercommunity HospitalOregon Supreme Court · 1982
- Winn v. GilroyOregon Supreme Court · 1984
- G. L. v. Kaiser Foundation Hospitals, Inc.Oregon Supreme Court · 1988
- Heino v. HarperOregon Supreme Court · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Beall Transport Equipment Co. v. Southern Pacific TransportationCourt of Appeals of Oregon · 2003
- Farmers Ins. Co. of Oregon v. MowryOregon Supreme Court · 2011
- State ex rel. Juvenile Department v. S.P.Court of Appeals of Oregon · 2008
- Cole v. Sunnyside Marketplace, LLCCourt of Appeals of Oregon · 2007
- Colantuno v. A. Tenenbaum & Company, Inc.Supreme Court of Colorado · 2001
21 more not listed; retrieve them via the Exa API.