(2) A warehouse’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 warehouse 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 warehouse fails to deliver grain as provided in this section, the person entitled to delivery of the grain may maintain an action against the warehouse for any damages resulting from the warehouse’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; 2009 c.181 §112]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Section 586.210 - Definitions for ORS 586.210 to 586.730.
Section 586.225 - Exemption for certain warehousing facilities.
Section 586.235 - Cooperative agreements for inspections in other states.
Section 586.270 - Warehouse licenses; federal licenses; license application and fee.
Section 586.290 - Posting of signs at warehouses.
Section 586.315 - Warehouseman required to insure grain or retain written waiver by depositor.
Section 586.330 - Investigating and fixing warehouse charges.
Section 586.350 - Overcharges, rebates and preferences prohibited.
Section 586.370 - Obtaining blank forms of receipts from department.
Section 586.380 - Only authorized receipts to be used; exception.
Section 586.382 - Warehouse records; warehouse receipts.
Section 586.385 - Warehouseman’s liability for failure to issue proper receipt.
Section 586.395 - Warehouseman’s liability for injury to grain; disposal of grain which is a hazard.
Section 586.400 - Duty of warehouse receiving grain for storage; damages for failure to deliver.
Section 586.520 - Inspection of warehouses; records required of warehouseman; fee.
Section 586.527 - Settlement of claims against defaulting warehouseman.
Section 586.529 - Receivership of warehouse business; claims against surety.
Section 586.530 - Establishment of standard grades for commodities received.
Section 586.550 - Warehouseman to keep copy of regulations available for inspection.
Section 586.561 - Discontinuance of operation of warehouse.
Section 586.730 - Violation of provisions or noncompliance with order prohibited.