STATE, BY & THROUGH STATE SCHOLARSHIP v. MAGAR

No. 34033; CA 13780.

600 P.2d 505 (1979)

42 Or.App. 361

STATE of Oregon, BY and THROUGH Its State Scholarship Commission, Appellant, v. MAGAR E. Magar, Respondent.

Court of Appeals of Oregon.

Decided September 24, 1979.


Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Magar E. Magar, Oregon City, argued the cause and filed the brief for respondent pro se.

Before SCHWAB, C.J., and TANZER and ROBERTS, JJ.


ROBERTS, Judge.

The issue presented in this appeal is whether the trial court erred in denying attorney fees to plaintiff where attorney fees are provided for in the contractual agreement between the parties but where defendant offers and plaintiff accepts a compromise for the exact amount prayed for in the complaint. We reverse.

The only facts pertinent here are the following: Defendant borrowed money from the Oregon Bank under the Oregon Guaranteed Student...

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