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CAREY v. LINCOLN LOAN CO.

(9706-04753; CA A100968).

998 P.2d 724 (2000)

165 Or. App. 657

David Lee CAREY and Tanja Marie Carey, husband and wife, Respondents, v. LINCOLN LOAN CO., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided March 1, 2000.

Attorney(s) appearing for the Case

Steven E. Benson, Portland, argued the cause and filed the briefs for appellant.

John M. Berman, Tigard, argued the cause for respondents. With him on the brief was Damon J. Petticord.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Defendant Lincoln Loan Company appeals, assigning error to the trial court's allowance of plaintiffs' motion for summary judgment on their claims for declaratory relief and to the court's related award of attorney fees.1 The trial court concluded that the maximum prepayment restriction of the parties' land sale contract was unenforceable as violating ORS 82.170 and that, alternatively, the combination of that prepayment restriction...

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