Legal Question in Civil Litigation in Oregon

A neighbor is logging his property. Hundreds of log trucks are using an easement road to haul the logs out. My water line is under this easement road. During this logging effort my water line was broken. It cost me $1,000 to get it fixed. My neighbor agreed to pay me the $1,000, and we shook hands. My wife witnessed this. Now he refuses to pay me.

My question is: Is this considered a verbal contract, and if so would a small claims court uphold it?


Asked on 4/23/12, 4:01 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Yes, it is an oral contract and would be upheld in small claims court. The problem would be proving the existence of the contract, since your wife would not be considered an impartial witness. You do not need to have a contract in order to sue him in small claims court. His damage to your water line is a property damage tort. Sue him for that--for the cost of repairing it plus the cost of any damage done to your land, buildings, etc.

Read more
Answered on 4/23/12, 4:32 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Oregon