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HOUSTON EQUITY CORP. v. GEHRT

(950054CC; CA A99149).

998 P.2d 755 (2000)

166 Or. App. 365

HOUSTON EQUITY CORPORATION, an Oregon corporation, and its successors and assigns, including Howard Houston, Jr., Appellant, v. Heinz GEHRT, Respondent.

Court of Appeals of Oregon.

Decided April 5, 2000.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause and filed the briefs for appellant.

Norman F. Webb, Salem, argued the cause for respondent. With him on the brief was Webb & Martinis.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Plaintiff appeals from a judgment for defendant in a contract action. He assigns error to the trial court's determination that approval of the contract by defendant's attorney was an unfulfilled condition precedent of the contract. Additionally, he assigns error to the court's award of attorney fees under the contract in light of its determination that the contract was unenforceable because of the failure of the condition precedent. We reverse.

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