PORTLAND MACHINERY CO. v. SISTIG

No. 421-375; SC 25450.

583 P.2d 536 (1978)

PORTLAND MACHINERY CO., an Oregon Corporation, Respondent, v. L.W. SISTIG, d/b/a Sistig Machinery & Equipment Company, Appellant.

Supreme Court of Oregon, Department 2.

Decided September 12, 1978.


Attorney(s) appearing for the Case

Thomas L. Gallagher, Jr., Portland, argued the cause for appellant. With him on the briefs was John R. Faust, Jr., Portland.

Ralph Bolliger, of Bolliger, Hampton & Tarlow, P.C., Beaverton, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.


DENECKE, Chief Justice.

The only issue concerns the trial court's awarding plaintiff attorney fees and expenses which the court had granted as a condition to allowing defendant's request for a postponement of trial.

Plaintiff filed this action against the defendant, a Seattle concern, for the purchase price of a piece of equipment which the plaintiff sold defendant. At the time set for trial, it developed that defendant's principal defense was going to be...

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