ROSS v. CAGLEY

No. 16-80-05660; CA A23967.

670 P.2d 190 (1983)

65 Or.App. 79

Clyde R. ROSS, Respondent, v. Jack N. CAGLEY and Linda K. Cagley, Appellants.

Court of Appeals of Oregon.

Decided October 12, 1983.


Attorney(s) appearing for the Case

Kurtis M. Lombard, Eugene, argued the cause for appellants. With him on the briefs were David Brewer and Lombard, Gardner, Honsowetz, Brewer & Schons, Eugene.

Thomas Craig Thetford, Eugene, argued the cause for respondent. With him on the brief were Steven L. Philpott and Armstrong, McCullen, Percy & Philpott, P.C., Eugene.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


WARDEN, Judge.

Plaintiff sold a parcel of land to defendants, retaining an adjoining parcel. He subsequently brought this action to have declared his right to continue to use a well on defendants' parcel. The trial court awarded plaintiff the right to use the well and awarded defendants damages on a counterclaim. The trial court also awarded plaintiff attorney fees, on the authority of a provision in the contract of sale between the parties. It is the award of attorney...

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