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CARLSON v. BLUMENSTEIN

CA 18864; SC 28259.

651 P.2d 710 (1982)

293 Or. 494

Donald B. CARLSON & Agnes Carlson, Husband and Wife, Petitioners On Review, v. Robert BLUMENSTEIN, Jr., and Robert B. Blumenstein, Dba Mill City Builders, Respondents On Review.

Supreme Court of Oregon.

Decided September 21, 1982.

Rehearing Denied October 26, 1982.

Attorney(s) appearing for the Case

Paul J. De Muniz, of Garrett, Seideman, Hemann, Robertson & De Muniz, P.C., Salem, argued the cause for petitioners on review. On the briefs in the Court of Appeals were Duncan, Tiger & Rothlisberger, Stayton.

Dale L. Crandall, of Crothers & Crandall, Salem, argued the cause and filed the briefs for respondents on review. With him on the reply brief was Kathleen A. Evans, certified law student.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.

PETERSON, Justice.

The parties entered into a contract containing a provision that "the losing party agrees to pay to the successful party" reasonable attorney fees to be fixed by the court. The plaintiffs' complaint for damages for breach of contract was met with a counterclaim for damages for breach of the same contract. The trial court found for plaintiffs on some of their claims and for defendants on some of their claims. The judgment concluded as follows:

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