State ex rel. White Lumber Sales, Inc. v. Sulmonetti

252 Or. 121, 448 P.2d 571 (1968)

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State ex rel. White Lumber Sales, Inc. v. Sulmonetti

Oregon Supreme Court
252 Or. 121, 448 P.2d 571 (1968)

Facts

White Lumber Sales, Inc. (White) (plaintiff), a Florida corporation resident in Florida, ordered 20 railcars of plywood from Continental Forest Products, Inc. (Continental) (defendant), an Oregon company operating in Oregon in the business of wholesaling lumber and plywood. The order started with a phone call from White to Continental for a quote for plywood with technical specifications, which Continental provided. White accepted the quoted terms, and the terms were put in writing. Continental delivered an initial shipment of plywood to the agreed-upon location in Georgia. Upon inspection, White determined that the plywood did not conform to the specifications, and a dispute arose. Continental sued for payment of the shipped plywood and damages associated with the unfinished portion of the order. White brought an original proceeding in mandamus seeking to quash service of the complaint, claiming that Oregon did not have personal jurisdiction over White, which had never left Florida.

Rule of Law

Issue

Holding and Reasoning (Goodwin, J.)

Dissent (O’Connell, J.)

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