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KESTERSON v. JUHL

960201042; CA A97376.

970 P.2d 681 (1998)

157 Or. App. 544

Laurence L. KESTERSON and Mary K. Kesterson, husband and wife, and Pacific Coast Timber Company, Inc., an Oregon corporation, Appellants, v. Patrick J. JUHL, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Richard W. Todd, Portland, argued the cause for appellants. With him on the brief was Leo M. Schuman.

Thomas H. Anderson, McMinnville, argued the cause and filed the brief for respondent.

Before LANDAU, P.J., and DEITS, C.J., and WOLLHEIM, J.

LANDAU, P.J.

Plaintiffs appeal a summary judgment dismissing their claims for breach of contract and declaratory judgment. The principal issue concerns the validity of a "loan fee" of $102,000 required in the event of untimely repayment of a $145,000 loan. Plaintiffs contend that the fee is an unenforceable liquidated damages provision. Defendant contends that it is a valid, if costly, fee for additional time to pay off the loan. The trial court held that the provision...

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