BENCHMARK NORTHWEST, INC. v. SAMBHI

16-99-10398; A119922.

83 P.3d 348 (2004)

191 Or. App. 520

BENCHMARK NORTHWEST, INC., an Oregon corporation, Respondent, v. Prem SAMBHI and Palwinder Singh, Appellants.

Court of Appeals of Oregon.

Decided January 21, 2004.


Attorney(s) appearing for the Case

Joel S. DeVore argued the cause for appellants. With him on the brief was Luvaas Cobb.

No appearance for respondent Benchmark Northwest, Inc.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


SCHUMAN, J.

Defendants sought attorney fees that they incurred in successfully resisting plaintiff's motion to set aside a judgment in defendants' favor and in collecting on that judgment. The trial court denied defendants' request, and they appeal. We reverse.

Defendants executed a promissory note as part of an earnest money agreement for the purchase of property. Plaintiff later sued on the note, alleging that defendants had failed to make required payments...

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