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McGARRY v. HANSEN

0204-03846; A123266.

120 P.3d 525 (2005)

201 Or. App. 695

Christopher McGARRY, Respondent, v. Craig HANSEN, dba Hansens BMW Triumph Ducati Ktm and Richard Hansen, dba Hansens BMW Triumph Ducati Ktm, Defendants, and Triumph Motorcycles (America) Limited, a Georgia corporation, Appellant.

Court of Appeals of Oregon.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Eli D. Stutsman, Portland, argued the cause for appellant. With him on the brief were Matthew Whitman, Portland, and Meyer & Wyse LLP. On the reply brief were Eli D. Stutsman, Bruce H. Orr, Portland, and Meyer & Wyse LLP.

George S. Pitcher, Portland, argued the cause for respondent. With him on the brief were Daniel W. Ferm, Ellen M. Voss, Portland, and Williams, Kastner & Gibbs PLLC.

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

SCHUMAN, P.J.

Plaintiff purchased a motorcycle manufactured by defendant. Mechanical problems developed. After defendant did not resolve them to plaintiff's satisfaction, he brought this action alleging breach of contract and breach of express and implied warranties, claiming $5,500 in damages.1 A jury returned a verdict in plaintiff's favor for that amount. In a supplemental judgment, the court awarded plaintiff $46,909 in attorney fees...

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