TROTTER v. COPELAND

92-CV-0173-TM; CA A81202.

889 P.2d 1346 (1995)

133 Or.App. 97

Paul J. TROTTER and Charlsie Trotter, Trustees of the Trotter Family 1991 Revocable Trust, Respondents, v. Thomas E. COPELAND and Marilyn Copeland, husband and wife, Appellants, and Sun Central Realty, Inc., Defendant.

Court of Appeals of Oregon.

Decided February 15, 1995.


Attorney(s) appearing for the Case

Brian J. MacRitchie, Bend, argued the cause, for appellants. With him on the briefs was Merrill, O'Sullivan, MacRitchie, Petersen & Dixon.

Craig K. Edwards, Portland, argued the cause and filed the brief, for respondents.

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


LANDAU, Judge.

Defendants1 appeal a supplemental judgment denying their claim for attorney fees under an earnest money agreement. We affirm.

Defendants agreed to sell their home to plaintiffs. The parties executed an earnest money agreement that contained a provision for arbitration of all disputes arising out of the agreement. That provision also provided that

"Seller, buyer and each realtor further agree that the party...

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