73 Or. App. 488 - Braught v. Granas’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"An award of consequential damages is proper, in addition to an award of lost bargain damages, if the consequential damages were contemplated by the parties and were `a natural and proximate result of the [purchasers'] breach.' Senior Estates v. Bauman Homes, 272 Or 577, 584 , 539 P2d 142 (1975); see also Blagen v. Thompson, 23 Or 239, 248 , 31 P 647 (1892). Here the trial court found that the parties were aware of the underlying contract. It could also have found that it was within the parties' contemplation that, if plaintiffs defaulted on that contract, plaintiffs' interest in it would be foreclosed and that they would be liable for costs and attorney fees as a result of the foreclosure. The court could have also found that the parties contemplated that a default by defendants on the contract with plaintiffs would cause plaintiffs to default on the underlying contract * * * and would result in damage to plaintiffs." Braught v. Granas, supra, 73 Or.App. at 493 , 698 P.2d 1012 . (Brackets in original.)”

   1 later decision quote this exact passage
   e.g. 124 Or. App. 543 - Raymond v. Feldmann