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PELETT v. WELCH

A8107-04081; CA A32285.

694 P.2d 574 (1985)

71 Or.App. 761

Thomas PELETT and Barbara Pelett, Husband and Wife, Appellants, v. John Q. WELCH and Carol Welch, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided January 23, 1985.

Attorney(s) appearing for the Case

Charles D. Bates, Portland, filed the brief for appellants.

Joan O'Neill, and Dunn, Carney, Allen, Higgins & Tongue, Portland, filed the brief for respondents.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs brought this action to recover damages for breach of a rental contract and conversion. Defendants counterclaimed for breach of contract. The jury returned a verdict awarding $610.20 to plaintiffs and nothing to defendants. The trial court refused to grant plaintiffs' request for attorney fees under a provision of the contract, and they appeal.

The operative provision of the contract reads:

"In case suit or action is instituted...

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