ORS 586.400: Duty of warehouse receiving grain for storage; damages for failure to deliver.

(1) Except as otherwise provided in subsection (2) of this section, the duty of a warehouse receiving grain for storage or shipment in a public warehouse operated by the warehouse shall be governed by the provisions of ORS 77.4030. (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]