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STASCH v. '69 INVESTMENT, INC.

93C11665; CA A88675.

934 P.2d 630 (1997)

147 Or. App. 46

Ronald C. STASCH and Sandra R. Stasch, Appellants-Cross-Respondents, v. '69 INVESTMENT, INC., an Oregon corporation, David Dreiling, Prudential Real Estate Professionals, an Oregon Real Estate Organization, Respondents-Cross-Appellants, and Donovan R. Steward, Defendant.

Court of Appeals of Oregon.

Decided March 12, 1997.

Attorney(s) appearing for the Case

Gary Roberts, Portland, argued the cause, for appellants-cross-respondents. With him on the briefs was Schwabe, Williamson & Wyatt.

Christine A. Kosydar, Portland, argued the cause, for respondent-cross-appellant `69 Investment, Inc. With her on the briefs were Keith M. Garza and Stoel Rives LLP.

Norman F. Webb, Salem, argued the cause and filed the briefs, for respondents-cross-appellants David Dreiling and Prudential Real Estate Professionals.

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

LANDAU, Judge.

This is an action for common-law fraud and statutory violations arising out of plaintiffs' purchase of a parcel of real property. The trial court dismissed the action as a sanction for plaintiffs' failure to appear for depositions. Defendants then moved for an award of attorney fees on the basis of a fee provision in the real estate sales agreement executed by the parties, but the trial court denied the motion on the ground that this is a tort action...

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