Klimek v. Perisich

371 P.2d 956 (1962)

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Klimek v. Perisich

Oregon Supreme Court
371 P.2d 956 (1962)

Rich Walter headshot
  • Written by Rich Walter, JD

Facts

Klimek (plaintiff) approached Perisich (defendant), a builder, about converting Klimek’s old building into a rooming house. When Klimek asked Perisich how much the job would cost, Perisich answered that it would be no more than $10,000. Concerns about cost repeatedly came up in the parties’ subsequent conversations, and on each occasion Perisich assured Klimek that he would do or contract the work as cheaply as possible. Just before construction was set to begin, Perisich gave Klimek a cost estimate of $18,240. Klimek cancelled the project and sued Perisich for breach of contract. Although the jury returned a verdict for Klimek, the judge entered a judgment notwithstanding the verdict for Perisich. Klimek appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Perry, J.)

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Casebooks

Contracts

Key Terms

  • Judgment Notwithstanding the Verdict (JNOV)A trial court's judgment setting aside the jury's verdict and entering a contrary judgment, if the court concludes that no reasonable jury could have reached the verdict that the jury reached in the case. The abbreviation JNOV comes from the Latin phrase non obstante veredicto. In U.S. federal courts, a judgment notwithstanding the verdict is called a judgment as a matter of law (JMOL).
  • Meeting of the MindsA “meeting of the minds” occurs when both parties to the contract have the same understanding of and mutually assent to the terms of an agreement at the same time. It is sufficient to form a valid contract.
  • Breach of ContractA party’s failure to perform any term of a written or oral contract, without a legitimate legal excuse.

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