FLIGHT DYNAMICS, INC. v. QUESTECH CAPITAL

A8204-02006; CA A31183.

708 P.2d 1173 (1985)

76 Or.App. 166

FLIGHT DYNAMICS, INC., an Oregon Corporation, Appellant — Cross-Respondent, v. QUESTECH CAPITAL Corporation, a Delaware Corporation, Respondent — Cross-Appellant.

Court of Appeals of Oregon, En Banc.

Argued and Submitted February 25, 1985.


Attorney(s) appearing for the Case

John M. Volkman, Portland, argued the cause for appellant — cross-respondent. With him on briefs was Stephen L. Griffith, Portland.

Stuart M. Brown, Portland, argued the cause for respondent — cross-appellant. With him on brief were Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Plaintiff's appeal challenges the part of a judgment that denied it attorney fees. Plaintiff borrowed $500,000 from defendant under a loan agreement which provided that defendant could convert the amount due into plaintiff's common stock1 at any time before or after default. The loan agreement also provided in section 8.2:

"In case any one or more of the Events of Default shall happen and be continuing, the Note...

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