WILLIAMS v. LEATHAM

No. 78-1152; CA A20196.

637 P.2d 1296 (1981)

55 Or.App. 204

Ray C. WILLIAMS and Barbara E. Williams, Husband and Wife, Respondents, v. Ralph LEATHAM and Lois Leatham, Husband and Wife, Appellants.

Court of Appeals of Oregon.

Decided December 21, 1981.


Attorney(s) appearing for the Case

Larry J. Anderson, Eugene, argued the cause for appellants. With him on the brief was Anderson & Smejkal, Eugene.

John A. Hudson, Eugene, argued the cause for respondents. With him on the brief was Hudson & Kearney, Eugene.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


RICHARDSON, Presiding Judge.

Plaintiffs brought this action to recover the unpaid balance on a promissory note. Defendants pleaded, as an affirmative defense, that the parties had agreed to a settlement which superseded the terms of the note. The trial court, sitting without a jury, found for plaintiffs in the amount due on the note, plus interest, and awarded plaintiff attorney fees, pursuant to the terms of the note. Defendants appeal, assigning as error the trial...

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