Id . at 580, 212 P. 811. The Oregon Supreme Court has repeatedly cited Oregon Growers' Co-op approvingly. See, e.g.,Fishermen's Mktg. Ass'n, Inc. v. Wilson , 279 Or. 259, 264, 566 P.2d 897 (1977) (“This court, in 1923, stated its understanding of the reasons why the preceding session of the legislature had provided for injunctive relief as well as liquidated damages ....”).Other courts also have allowed both injunctive relief and liquidated damages when the liquidated damages would inadequately compensate a plaintiff and the parties did not intend to provide a true alternative to performance. Courts usually emphasize one or the other of these requirements rather than both. See, e.g.,Vacold LLC v. Cerami , 545 F.3d 114, 130 (2d Cir.2008) (“Although a liquidated damages provision precludes a party from recovering lost profits and other measures of damages, it does not prevent a party from seeking specific performance, absent an express provision to this effect.
Other courts have held that evidence of the amount of alcohol consumed may raise a substantial issue of fact as to whether a person in the position of the drinker would have displayed some outward manifestation of intoxication in advance of ordering. Elsperman v. Plump, supra; Cimino v. Milford Keg, Inc., 385 Mass. 323, 431 N.E.2d 920 (1982) (6 or more white russians in a 5-hour period); O'Hanley v. Ninety-Nine, Inc., 12 Mass. App. Ct. 64, 421 N.E.2d 1217 (1981) (15 beers or 6 martinis); Couts v. Ghion, supra (10 drinks in 1 1/2 hours); Fishermen's Mktg. Ass'n v. Wilson, 279 Or. 259, 566 P.2d 897 (1977) (8 beers in 2 hours). We hold that the evidence of the amount of alcohol consumed here raises a material issue of fact as to (1) whether a person in the position of Mr. Edwards would have displayed some outward manifestation of intoxication in advance of ordering and (2) whether a person in the position of the furnisher, either Red Lion Inn or Kaiser, knew or should have known in the exercise of reasonable care, that the drinker was intoxicated.