ESTATE OF SMITH

16-85-08831; CA A46218.

760 P.2d 896 (1988)

93 Or.App. 23

ESTATE OF Wesley E. SMITH, Deceased, and Margaret O. Smith, Respondents, v. Samuel B. WARE, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1988.

Reconsideration Denied October 21, 1988.


Attorney(s) appearing for the Case

K. Patrick Neill, Eugene, argued the cause, for appellant. With him on the briefs was Hershner, Hunter, Moulton, Andrews & Neill, Eugene.

Jim Caher, Eugene, argued the cause, for respondents. On the brief were Donald K. Armstrong and Armstrong, McCullen, Percy & Philpott, Eugene.

Before WARDEN, P.J., and DEITS and GRABER, JJ.


WARDEN, Presiding Judge.

Defendant, as the prevailing party in an action for fraud and unlawful trade practices, appeals from the trial court's award of attorney fees. He contends that the court erred in determining that he could recover only those fees incurred in defending the unlawful trade practices claim that were not also necessary to the defense of the fraud claim. We reverse and remand.

Plaintiffs brought this action for damages resulting from an alleged...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases