Legal Opinion

Van Petten v. Oregon Bank

Court of Appeals of Oregon

Decided September 24, 1979No. 13,886-L, CA 11034PublishedCited by 3 opinions

1Opinion of the Court

PETERSON, J., Pro Tempore.

The trial court sustained a demurrer to the plaintiffs’ 1 fourth amended complaint, and a judgment was entered for the defendant after the plaintiff’s fifth amended complaint was stricken.

The principal issue on this appeal is whether a lender may be liable in contract to a guarantor for breach of an agreement to lend money to a third person. 2

Plaintiff alleged that it was a partner with an individual in the Van Petten Lumber Company (the lumber company). The lumber company borrowed money from the defendant bank. As a prerequisite to making the loan, the bank required…

2Cases cited4 opinions

  1. Weiss v. NORTHWEST ACCEPTANCE CORPORATIONOregon Supreme Court · 1976
  2. Sacks v. American Fletcher National Bank & Trust Co.Indiana Supreme Court · 1972
  3. Johnston v. Oregon BankOregon Supreme Court · 1979
  4. Reliable Credit Ass'n v. Credithrift of America, Inc.Oregon Supreme Court · 1977

3Cited by3 opinions

  1. Caplener v. United States National BankOregon Supreme Court · 1993
  2. Hawkins v. 1000 Ltd. PartnershipCourt of Appeals of Oregon · 2016
  3. Caplener v. United States National BankCourt of Appeals of Oregon · 1992

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