HIGH TECH DIESEL, INC. v. LITTLETON

9200512CV; CA A79437.

872 P.2d 984 (1994)

127 Or. App. 242

HIGH TECH DIESEL, INC., an Oregon corporation, Respondent, v. Brian LITTLETON and Dorothy Littleton, Appellants.

Court of Appeals of Oregon.

Decided April 20, 1994.


Attorney(s) appearing for the Case

Jan Perkins, Ontario, filed the brief, for appellants.

Barbara M. DiIaconi, Klamath Falls, argued the cause for respondent. With her on the brief was Boivin, Jones, Uerlings & DiIaconi.

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


WARREN, Presiding Judge.

Defendants appeal a supplemental judgment awarding attorney fees to plaintiff. They argue that the court erred in awarding plaintiff fees incurred in its defense of their counterclaim. We reverse.

Plaintiff performed repair work on a truck owned by defendants. When defendants did not pay for the service, plaintiff filed a notice of claim of a non-possessory lien on the truck. Plaintiff then filed a complaint to foreclose the lien and...

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