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LANGFUS, INC. v. QUEIROLO

No. 216775; A24602.

668 P.2d 1245 (1983)

64 Or.App. 493

LANGFUS, INC., an Oregon Corporation, Dba Carpet City, Respondent, v. Louie QUEIROLO and Harriet Queirolo, Husband and Wife, Defendants-Third Party Plaintiffs-Appellants, v. Don Reum and Western Surety Company, Third Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided September 7, 1983.

Reconsideration Denied November 10, 1983.

Attorney(s) appearing for the Case

Magar E. Magar, Portland, argued the cause and filed the brief for defendants third party plaintiffs-appellants.

Roscoe C. Nelson, Portland, argued the cause for respondent. With him on the brief was Nelson & Nelson, Portland.

John P. Crowell, Portland, argued the cause for third party defendant-respondent Western Surety Co. With him on the brief was Morrison, Dunn, Carney, Allen & Tongue, Portland.

No appearance for third party defendant-respondent Don Reum.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff sued for the balance of the purchase price of carpets. Defendants' answer alleged that plaintiff had obtained the sales contract by fraud. Defendants appeal from a judgment for plaintiff for $1703.89, plus prejudgment interest, plus $1500 attorney fees.

Defendants assign as errors that the trial court, following the jury verdict, included prejudgment interest in plaintiff's judgment, although...

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