Court of Appeals of Oregon, 1983

Beeney v. Huse

Beeney v. Huse
Court of Appeals of Oregon · Decided November 23, 1983 · Buttler, Rossman, Warren
65 Or. App. 700; 671 P.2d 1207; 1983 Ore. App. LEXIS 4102

Beeney v. Huse

Opinion of the Court

PER CURIAM

This case involves the sale of an 80-acre parcel of property, two easements and several buildings, including two storage sheds and a two-car garage located on one of the easements. We affirm as to all issues on the appeal. On cross-appeal, we remand to the trial court for a determination and award of attorney fees and affirm as to all other issues.

As to claims made under the 1976 real estate contract, the trial court entered judgment against defendants for $1,171.48 and against plaintiff for $2,000. Inasmuch as defendants received a net recovery on the claims made under the agreement, they are entitled to an award of attorney fees for those claims successfully prosecuted or defended under the agreement.

Affirmed on the appeal; remanded to the trial court on the cross-appeal for determination and award of attorney fees; affirmed on the cross-appeal as to all other issues.

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