Anderson v. Laws

In Anderson v. Laws et al., 176 Ore. 468, 159 P.2d 201 (1945), the first significant Oregon case on this point, the plaintiff alleged that the defendants made representations that induced the plaintiff to purchase stock in a new corporation. After the organization of the corporation, the plaintiff and the defendants entered into an agreement to satisfy the plaintiff's claims concerning the purchase. Under that agreement, the defendants and plaintiff would have successive opportunities to sell the plaintiff's stock. If they failed, the corporation would be dissolved and the plaintiff would have the first claim on the assets at liquidation until he had received the amount that he had paid for the stock. Based on those facts, the Supreme Court held that the plaintiff had waived his right to sue for fraud. In doing so, it commented that, although the question of whether one intends to waive a known right is usually one of fact, "in a case like this where the facts are not in dispute the law conclusively presumes the intent from the person's conduct." 176 Ore. at 478.