Howell v. Oregonian Publishing Co.

Defendants petition for reconsideration of our decision in Howell v. Oregonian Publishing Co., 82 Or App 241, 728 P2d 106 (1986). ORAP 10.10. We allow reconsideration, and modify and clarify our previous decision.

We reversed a summary judgment that was entered in favor of defendants on plaintiffs’ breach of contract claims. We based that decision on the theory that “written contracts may be modified by subsequent oral agreements.” 82 Or App at 246. Citing Meskimen v. Larry Angell Salvage Company, 286 Or 87, 94, 592 P2d 1014 (1979), defendants contend that, because plaintiffs neither raised…