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MITCHELL v. PACIFIC FIRST BANK

90C-11087; CA A77581.

880 P.2d 490 (1994)

130 Or. App. 65

Leo MITCHELL and Margaret Mitchell, Appellants-Cross-Respondents, v. PACIFIC FIRST BANK, a Federal Savings Bank, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided September 7, 1994.

Attorney(s) appearing for the Case

W. Wallace Ogdahl, Salem, argued the cause for appellants-cross-respondents. On the briefs were Kim E. Hoyt and Ferder, Ogdahl, Brandt & Casebeer.

Harold D. Gillis, Eugene, argued the cause and filed the briefs for respondent-cross-appellant.

Before DEITS, P.J., and RIGGS and LEESON, JJ.

DEITS, Presiding Judge.

Plaintiffs, prevailing parties in a breach of contract claim, appeal the trial court's denial of their motion for attorney fees. Defendant cross-appeals the denial of its motion for a directed verdict. We reverse on the appeal and affirm on the cross-appeal.

In 1984, plaintiffs purchased property for $39,500. They paid $5,000 down and obtained a $34,500 loan from American Home Savings (AHS). The loan was secured by a trust deed on the...

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