Legal Opinion

Ristau v. Wescold, Inc.

Oregon Supreme Court

Decided March 10, 1994No. CC 9104-02042; CA A73177; SC S40351PublishedCited by 20 opinions

1Opinion of the CourtCarson, C. J.

The issue in this case is whether an agreement purporting to release “any and all claims, * * * whether known or unknown, now existing,” precludes a claim of statutory fraud in the inducement of a contemporaneously executed stock sale agreement. The trial court held that the release agreement barred the claim and granted summary judgment in favor of defendants. The Court of Appeals, in an in banc decision, reversed, holding that the trial court erred in granting summary judgment. We reverse the decision of the Court of Appeals and affirm the judgment of the circuit court.

From about 1974 until…

2Cases cited7 opinions

  1. May v. Chicago Insurance CompanyOregon Supreme Court · 1971
  2. Bilotti v. Accurate Forming Corp.Supreme Court of New Jersey · 1963
  3. Uihlein v. Albertson's, Inc.Oregon Supreme Court · 1978
  4. Oregon School Employees Ass'n v. Rainier School District No. 13Oregon Supreme Court · 1991
  5. Lindgren v. BergOregon Supreme Court · 1989

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3Cited by20 opinions

  1. Wal-Mart Stores, Inc. v. CoughlinSupreme Court of Arkansas · 2007
  2. Pioneer Resources, LLC v. D. R. Johnson Lumber Co.Court of Appeals of Oregon · 2003
  3. Wieck v. HostetterCourt of Appeals of Oregon · 2015
  4. Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 1999
  5. Nixon v. Cascade Health Services, Inc.Court of Appeals of Oregon · 2006

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