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HALL v. FOX

A8706-04118; CA A62903.

808 P.2d 99 (1991)

106 Or. App. 377

Marjorie W. HALL, Respondent, v. Mel FOX, Appellant.

Court of Appeals of Oregon.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause and filed the briefs, for appellant.

Howard R. Hedrick, Portland, argued the cause and filed the brief, for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiff brought this action for rescission of a land sale contract that provided for attorney fees to the prevailing party.1 She did not allege a right to attorney fees in her original complaint; however, defendant, in his answer asserted a counterclaim for attorney fees under the contract. In her reply, plaintiff sought to have the counterclaim dismissed, because an...

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