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PICKINPAUGH v. MORTON

519 P.2d 91 (1974)

Stanford S. PICKINPAUGH and Rosalie K. Pickinpaugh, Respondents, v. Frank MORTON Dba Arrowhead Construction Co., Appellant.

Supreme Court of Oregon, In Banc.

Decided February 14, 1974.

Attorney(s) appearing for the Case

George G. Van Natta, St. Helens, argued the cause for appellant. On the brief were Van Natta & Petersen, St. Helens.

R. William Riggs, Portland, argued the cause for respondents. With him on the brief were Willner, Bennett, Meyers, Riggs & Skarstad, Portland.

BRYSON, Justice.

Plaintiffs brought this suit to rescind an agreement to purchase real property. On September 9, 1971, plaintiffs agreed in writing to purchase from defendant an unfinished house and lot in the city of St. Helens, Oregon. The defendant agreed to complete construction of the house. The contract also provided:

"In any suit or action brought on this contract, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed...

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