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WEBSTER v. GENERAL MOTORS ACCEPTANCE CORPORATION

516 P.2d 1275 (1973)

Richard E. WEBSTER, Respondent and Cross-Appellant, v. GENERAL MOTORS ACCEPTANCE CORPORATION and Goodwin Brothers Gmc Trucks, Inc., Appellants and Cross-Respondents.

Supreme Court of Oregon.

Decided December 13, 1973.

Attorney(s) appearing for the Case

J. Philip Parks, Salem, argued the cause for appellants and cross-respondents. With him on the briefs were Miller, Beck & Parks, Salem.

Dennis W. Bean, Silverton, argued the cause and filed a brief for respondent and cross-appellant.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL, and BRYSON, JJ.

HOWELL, Justice.

Plaintiff filed this action to recover a surplus from a foreclosure sale of a used truck which he had purchased from defendant Goodwin Bros., Inc. The trial court, sitting without a jury, entered a judgment for plaintiff for $6,636.84. Defendants appeal, and plaintiff cross-appeals from the refusal of the trial court to award attorney fees.

Plaintiff filed the action pursuant to the terms of ORS 79.5040(2) which states, in pertinent part:...

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