Quimbee logo
DMCA.com Protection Status
  • B
  • Bretz v. Portland General Electric Co.Bretz v. Portland General Electric Co.
From our private database of 16,800+ case briefs...

Bretz v. Portland General Electric Co.

United States Court of Appeals, Ninth Circuit
882 F.2d 411 (1989)


In summer 1983, Bretz (plaintiff) contact Portland General Electric Co. (PGE) (defendant) and Beartooth to offer to purchase Beartooth stock for $2 million. PGE responded on August 5, 1983 by sending Bretz a revised version of his offer with a request that Bretz revise his terms and resubmit the letter for consideration by PGE officers. Bretz revised his letter and resubmitted his offer on August 10th. PGE responded with a letter on August 23rd, saying that it would not accept Bretz’s offer for $2 million. PGE stated it would be receptive to an offer to purchase Beartooth stock for $2.75 million, and requested that Bretz resubmit his offer based on these terms. On August 30th, Bretz sent a new letter to PGE saying he would buy the Beartooth stock for $2.75 million. That same day, Bretz contracted with a third party to sell Beartooth coal. On September 7th, after learning of Bretz’s contract with the third party, a Beartooth official requested Bretz contact him immediately. Bretz alleges that PGE then breached its contract for the sale of Beartooth. Bretz brought suit for breach of contract against Beartooth in federal district court. The district court held that no contract existed and granted PGE’s motion for summary judgment. Bretz appealed, arguing that PGE’s August 23rd letter constituted a counter-offer which he accepted, forming an enforceable contract.

Rule of Law


Holding and Reasoning (Kozinski, J.)

Dissent (Boochever, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial