WIPER v. FAWKES

16-02-04255; A120407.

109 P.3d 798 (2005)

198 Or. App. 331

Charles WIPER, III, Appellant-Cross-Respondent, v. Gregg R. FAWKES, R. Roger Watson, James Richard Kerr, and Max-Viz, Inc., an Oregon corporation, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided March 16, 2005.


Attorney(s) appearing for the Case

Rohn M. Roberts, Eugene, argued the cause for appellant-cross-respondent. With him on the briefs were Connie L. Speck and Arnold Gallagher Saydack Percell Robert & Potter, P.C.

Kevin P. O'Connell, Portland, argued the cause for respondents-cross-appellants. With him on the briefs was Hagen O'Connell LLP.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


ARMSTRONG, J.

Plaintiff appeals from a judgment for defendants, assigning error to the trial court's conclusion that a tender of a corporate check was a valid tender of money under plaintiff's contract with defendants. Plaintiff argues that the check was not a valid tender because the contract required payment to be made in lawful money or tender of the United States. Defendants cross-appeal the trial court's denial of their request for attorney fees. We affirm on...

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