Cumming v. Nipping

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Law
• Date Filed: 01-29-2025
• Case #: A179012
• Judge(s)/Court Below: Powers, J. for the Court; Ortega, P.J.; & Hellman, J.
• Full Text Opinion

(1) Wrongfully burdening trust property with a mortgage “qualifies as a transaction” for purposes of ORS 82.010(1), and (2) ORS 82.010(1)(a) “requires prejudgment interest when the amount and due date are ascertainable,” even when “the transaction and the due date are contemporaneous.”

Ms. Cumming prevailed on an unjust enrichment claim but was denied prejudgment interest. At issue on appeal: (1) whether encumbering real property with a mortgage constitutes a “transaction” for purposes of ORS 82.010(1); if so, (2) whether such a transaction requires prejudgment interest if the wrongfully taken money was to be repaid (due back) the same day.

The Court of Appeals concluded that (1) Wrongfully burdening trust property with a mortgage “qualifies as a transaction” for purposes of ORS 82.010(1), and (2) ORS 82.010(1)(a) “requires prejudgment interest when the amount and due date are ascertainable,” even when “the transaction and the due date are contemporaneous.”

“Reversed and remanded.”

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