Opinion · Court of Appeals of Oregon
Criterion Interests, Inc. v. Deschutes Club
Criterion Ints., Inc. v. Deschutes Club, 137 Or. App. 312 (Or. Ct. App. 1995)
- Type
- Opinion
- Court
- Court of Appeals of Oregon
- Jurisdiction
- Oregon
- Date
- 1995-10-18
- Topic
- general
How later courts describe this case
- concluding that Abercrombie resolved the historical uncertainty as to whether the type of evidence described in ORS 42.220 should be admitted to aid the court in determining if an ambiguity exists
- explaining that extrinsic evidence may only affect interpretation when there is language in the instrument that is susceptible to being construed to carry out the proposed intent
Citator
UpLaw has not yet analyzed Criterion Interests, Inc. v. Deschutes Club. The absence of a flag is not a finding that it is good law.
- Cited by
- 14 opinions
Defendant moves for reconsideration of our opinion. 136 Or App 239, 902 P2d 110 (1995). Among its arguments is that our statement that “[defendant does not assert that the deed is not an integrated writing,” id. at 245 n 4, is factually inaccurate. The statement does not precisely capture our intended meaning. We correct it to read: “Defendant makes no argument that the deed is not an integrated writing, except an implicit argument that depends for its success on the correctness of other arguments that defendant makes.”
We have considered and reject the other contentions in the motion.
Reconsideration granted; opinion modified and adhered to as modified.