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ESTATE OF WESLEY E. SMITH v. WARE

TC No. 16-85-08831; CA A46218; SC S35614.

769 P.2d 773 (1989)

307 Or. 478

ESTATE OF WESLEY E. SMITH, Deceased, and Margaret O. Smith, Petitioners On Review, v. Samuel B. WARE, Respondent On Review.

Supreme Court of Oregon.

Decided March 7, 1989.

Attorney(s) appearing for the Case

James P. Caher, Eugene, argued the cause for petitioners on review. With him on the petition was Armstrong, McCullen & Philpott, P.C., Eugene.

K. Patrick Neill, Eugene, argued the cause for respondent on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE and VAN HOOMISSEN, JJ.

CARSON, Justice.

The sole issue concerns attorney fees to which defendant may be entitled under ORS 646.638(3).1

Plaintiffs2 alleged that defendant misrepresented the existence of a septic system on property purchased from defendant. Their complaint pleaded claims for fraud and unlawful trade practices. See ORS 646.608. Plaintiffs also asked for attorney fees based on ORS 646.638(3).

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