DEAN VINCENT, INC. v. KRISHELL LABORATORIES, INC.


532 P.2d 237 (1975)

DEAN VINCENT, INC., an Oregon Corporation, Respondent, v. KRISHELL LABORATORIES, INC., an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided February 27, 1975.


Attorney(s) appearing for the Case

Robert B. Hopkins, Portland, argued the cause for appellant. With him on the briefs were David W. Harper, and Keane, Haessler, Harper, Pearlman & Copeland, Portland.

Michael P. Ryan, Portland, argued the cause for respondent. With him on the brief were Thomas J. Lekas, and Lekas, Dicey & Marandas, Portland.


HOLMAN, Justice.

Plaintiff, a real estate broker, brought an action for damages for breach of a broker's contract. The contract had a provision for attorney's fees should the broker be successful in an action upon the contract. Defendant filed both an answer denying breach of contract and a counterclaim requesting attorney's fees. Two days prior to trial plaintiff requested and was granted a judgment of voluntary non-suit. The trial court denied defendant attorney...

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