Gordon v. Schumacher

I dissent. The contract in this case provides that installments are to be paid on the first day of each month and that a default will occur if defendants fail to make any payment “at the time required, or within ten (10) days thereof.” It does not provide that payments must be received within ten days of the first of each month. Accordingly, because I would hold that defendants made payment of the May, 1984, installment on May 10, when they mailed it to the escrow company, I would affirm the trial court.

In Lent v. Towery, 271 Or 41, 47, 530 P2d 77 (1975), the court stated that the defendant…