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JOHN DEERE CO. v. EPSTEIN

35203; CA A36833.

755 P.2d 711 (1988)

91 Or.App. 195

JOHN DEERE COMPANY, a Delaware Corporation, Respondent-Cross-Appellant, v. Michael P. EPSTEIN, Respondent-Cross-Respondent, Stephen J. Haddix, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided May 18, 1988.

Attorney(s) appearing for the Case

Brian J. MacRitchie, Bend, argued the cause for appellant-cross-respondent. With him on the brief was MacRitchie & Lewis, Bend.

Dennis J. Heil, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Janice M. Stewart and McEwen, Gisvold, Rankin & Stewart, Portland.

Terrance O'Sullivan, Bend, waived appearance for respondent-cross-respondent.

Before WARDEN, P.J., JOSEPH, C.J., and RICHARDSON, J.

WARDEN, Presiding Judge.

Defendant Haddix appeals from a judgment entered against him on a claim for fraud. He contends that the trial court erred in ruling that his discharge in bankruptcy was not available as a defense and in holding that there was clear and convincing evidence of fraud. On cross-appeal, plaintiff contends that the trial court erred in awarding defendant Epstein attorney fees pursuant to ORS 20.096. We affirm on the appeal and reverse on the cross...

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