(1) Except as otherwise provided in subsection (2) of this section, the duty of a warehouseman receiving grain for storage or shipment in a public warehouse operated by the warehouseman shall be governed by the provisions of ORS 77.4030.
(2) A warehouseman’s duty to deliver grain is fulfilled if delivery is made to the several owners in the order of demand as rapidly as it can be done by ordinary diligence; where delivery is made within 48 hours after facilities for receiving the grain are provided, such delivery is deemed to comply with this subsection.
(3) No warehouseman shall fail to deliver grain as provided in this section.
(4) In addition to being subject to penalties under ORS 586.990 for violation of subsection (3) of this section, if a warehouseman fails to deliver grain as provided in this section, the person entitled to delivery of the grain may maintain an action against the warehouseman for any damages resulting from the warehouseman’s failure to deliver. In any such action the person entitled to delivery of the grain has the option to seek recovery of actual damages or of liquidated damages of one cent per bushel for each day’s delay. [Amended by 1955 c.731 §15; 1961 c.726 §420]
Section: Previous 586.360 586.370 586.380 586.382 586.385 586.390 586.395 586.400 586.410 586.415 586.420 586.425 586.430 586.440 586.450 NextLast modified: August 7, 2008