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ZIDELL v. GREENWAY LANDING DEVEL. CO.

A8401-00317; CA A40184.

749 P.2d 1210 (1988)

89 Or.App. 525

Emery ZIDELL and Minnie Zidell, Husband and Wife, Respondents, v. GREENWAY LANDING DEVELOPMENT COMPANY, a Joint Venture and Partnership; Rembold Corporation, an Oregon Corporation; Carbarn, Inc., an Oregon Corporation, Appellants, and Brun Moreland Christopher Architects, P.C., an Oregon Professional Corporation; Dennis Brun; Robert Moreland; and Grigsby Christopher, Defendants.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellants. With him on the briefs was Mitchell, Lang & Smith, Portland.

Jack L. Kennedy, Portland, argued the cause for respondents. On the brief were Daniel M. Ricks, and Kennedy, King & Zimmer, Portland.

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

NEWMAN, Judge.

Defendants1 appeal from a judgment that awarded attorney fees to plaintiffs and denied them to defendants. We reverse the award of attorney fees to plaintiffs and otherwise affirm.

Plaintiffs made an agreement with defendants to purchase an unfinished condominium unit. The Unit Sales Agreement provided:

"Attorneys' Fees. In the event suit or action is instituted...

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