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WITT v. KELLER

86C-12210; CA A48713.

800 P.2d 791 (1990)

104 Or.App. 257

James A. WITT, Jr., and Roxieanna I. Witt, Husband and Wife, Respondents, v. Robert L. KELLER and Judith A. Keller, Husband and Wife, Appellants, Jeanette J. Roehrich, Betty Lowen and Realty House, Inc., an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided November 7, 1990.

Reconsideration Denied January 16, 1991.

Attorney(s) appearing for the Case

Norman F. Webb, Salem, argued the cause and filed the briefs for appellants.

Dale L. Crandall, Salem, argued the cause and filed the brief for respondents.

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

NEWMAN, Judge.

Defendants,1 sellers, prevailed in an action by plaintiffs, as buyers, for, among other things, breach of an earnest money agreement for the sale of land and a building. The court entered a judgment for defendants, but it denied attorney fees to them. Defendants appeal and assign as error the denial of attorney fees. We affirm.

The parties executed the earnest money agreement in April, 1984. It described the building...

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