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VALUE MOBILE HOMES v. BANK OF AMERICA

91C-11673; CA A80787.

887 P.2d 387 (1994)

132 Or. App. 1

VALUE MOBILE HOMES, INC., Respondent—Cross-Appellant, v. BANK OF AMERICA OREGON, formerly known as Seafirst Bank Oregon, formerly known as Woodburn State Bank, Appellant—Cross-Respondent. BANK OF AMERICA OREGON, formerly known as Seafirst Bank Oregon, formerly known as Woodburn State Bank, Third-Party Plaintiff, v. Dean W. POLLMAN, Third-Party Defendant.

Court of Appeals of Oregon.

Decided December 21, 1994.

Attorney(s) appearing for the Case

John F. McGrory, Portland, argued the cause for appellant-cross-respondent. On the briefs were Timothy R. Volpert and Davis Wright Tremaine.

Kim E. Hoyt, Salem, argued the cause for respondent-cross-appellant. With her on the briefs was Ferder, Ogdahl, Brandt & Casebeer.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

WARREN, Presiding Judge.

Defendant (bank) appeals from a judgment awarding plaintiff Value Mobile Homes, Inc. (VMH) damages for breach of contract. VMH cross-appeals the trial court's denial of its request for attorney fees. We reverse on the appeal and affirm on the cross-appeal.

Bank owned unimproved real property in the City of Woodburn (the city). Sometime in 1988, bank's president (Cutsforth) talked with VMH's president (Pollman) about leasing that property...

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