Cooperatives

ORS 62.355
Cooperative contracts

(1)

Contracts for any of the following purposes, whether contained in the bylaws or separately written, are valid when made between a cooperative and any member in which such member agrees to:

(a)

Sell, market or deliver to or through the cooperative or any facilities furnished by it, all or any specified part of products produced or to be produced either by the member or under the control of the member.

(b)

Authorize the cooperative or any facilities furnished by it to act for the member in any manner with respect to all or any specified part of such products.

(c)

Buy or procure from or through the cooperative or any facilities furnished by it, all or any specified part of goods or services to be bought or procured by the member.

(d)

Authorize the cooperative or any facilities furnished by it to act for the member in any manner in the procurement of goods or the procurement or performance of services.

(2)

The contract referred to in subsection (1) of this section may fix and require liquidated damages to be paid by the member to the cooperative in the event of breach of the contract by the member. Liquidated damages may be a percentage of the value or a specific amount per unit of the products, goods or services involved by the breach, or a specific sum.

(3)

Two or more cooperatives may contract and act in association, corporate or otherwise, to perform collectively any of their powers or purposes authorized by this chapter. [1957 c.716 §32]

Notes of Decisions

Where member of fishermen's association breached cooperative marketing agreement by selling his catch outside terms of agreement, breach was not minor, technical or inadvertent, and thus association was entitled to liquidated damages as provided in agreement. Fishermen's Marketing Association, Inc., v. Wilson, 279 Or 259, 566 P2d 897 (1977)

Chapter 62

Atty. Gen. Opinions

Homestead as applied to a shareholder-tenant in a cooperative apartment, (1971) Vol 35, p 897

Source

Last accessed
Jun. 26, 2021

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