UNITED STATES NAT. BANK OF OREGON v. SMITH

No. 78-3448; CA 16508; SC 27523.

637 P.2d 139 (1981)

UNITED STATES NATIONAL BANK OF OREGON, a National Banking Association, Petitioner On Review, v. W.R. SMITH, Respondent On Review, and Patricia Lynn Smith, Standard Oil Company of California, Man-Data, Inc., Dba Pacific Coast Credit, Defendants.

Supreme Court of Oregon.

Decided December 9, 1981.


Attorney(s) appearing for the Case

Richard Bryson, Eugene, argued the cause for petitioner on review. With him on briefs was Bryson & Bryson, Eugene.

Harold D. Gillis, Eugene, argued the cause and filed briefs for respondent on review.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.


TONGUE, Justice.

This is a suit to foreclose a mortgage secured by a note which provides that:

"* * * in case suit or action is instituted to collect this note * * * I promise to pay such additional sum as the court may adjudge reasonable as attorneys' fees in said suit or action, or on any appeal therefrom * * *."

The trial court entered a decree of foreclosure in favor of plaintiff and also awarded $3,156 to plaintiff as attorney fees. Defendant...

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