JUNCK v. WRIGHT

84-1885-L; CA A47601.

767 P.2d 100 (1989)

94 Or.App. 704

Marlen F. JUNCK and Arlene R. Junck, Husband and Wife, Respondents, v. George R. WRIGHT, Appellant.

Court of Appeals of Oregon.

Decided January 11, 1989.


Attorney(s) appearing for the Case

Donald H. Coulter, Grants Pass, argued the cause for appellant. With him on the brief was Myrick, Coulter, Seagraves, Myrick, Adams & Davis, Grants Pass.

Garrison F. Turner, Ashland, argued the cause for respondents. With him on the brief was Frohnmayer, Deatherage, deSchweinitz, Pratt & Jamieson, P.C., Medford.

Before WARDEN, P.J. Pro Tem., and GRABER and RIGGS, JJ.


GRABER, Judge.

Defendant appeals a judgment for plaintiffs in this breach of contract action. We affirm and assess a penalty under ORS 19.160.1

On November 16, 1984, plaintiffs filed their complaint, in which they alleged that they had paid defendant $100,392.90 for 14 Suffolk sheep and that defendant had failed to deliver any sheep. Plaintiffs further pleaded their entitlement to interest and to attorney fees under the parties...

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