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M+W Zander, U.S. Op. v. Scott Co. of Cal.

Oregon Court of Appeals
78 P.3d 118 (2003)


Scott Company (defendant) contracted to buy construction equipment from M+W Zander (M+W) (plaintiff). M+W’s delivery of the equipment was late, and the equipment’s condition was subpar. The parties agreed to modify the contract, reducing the purchase price for Scott. The supplemental purchase order requested written acknowledgment, but it stated that written confirmation or commencing performance constituted acceptance of the new offer. On June 26, 1997, M+W billed Scott for the reduced purchase price. On August 7, 1997, M+W signed the new purchase order. Under the agreement’s terms, payment was due 45 days after execution of the agreement. On August 24, 2001, M+W sued Scott for failure to pay the purchase price. The trial court ruled in favor of Scott, finding that the modified contract was formed on June 26, 1997, establishing Scott’s payment deadline, 45 days thereafter, as August 11, 1997. Given this, the trial court ruled that M+W’s suit was barred by the four-year statute of limitations, which expired on August 10, 2001. M+W appealed.

Rule of Law


Holding and Reasoning (Schuman, J.)

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