Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


Dial Temporary Help Service v. DLF Int'l Seeds

Summarized by: 

Date Filed: 03-13-2013
Case #: A145062
Armstrong, P.J., for the Court; Haselton, C.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145062B.pdf

Contract Law: In a breach of contract claim, ambiguity alone does not make summary judgment inappropriate, rather, a triable factual issue stemming from the existence of competing extrinsic evidence does.

Plaintiff asked the Appeals Court to reconsider its opinion in Dial Temporary Help Service v. DLF International Seeds, affirming the trial court's grant of summary judgment for Defendant. Plaintiff argued that if the contract terms were ambiguous, as found by the trial court, then summary judgment was not appropriate and remand was required. The Court held ambiguity alone does not make summary judgment inappropriate, rather, a triable factual issue stemming from the existence of competing extrinsic evidence does. Since the Plaintiff failed to put forward a genuine issue of material fact to bolster its claim of ambiguity, the Court found summary judgment appropriate. Reconsideration allowed; former opinion adhered to.