Cusick v. Meyer

Plaintiffs move for reconsideration on the ground that we erred in concluding that defendants are entitled to attorney fees.1 98 Or App 358, 359, 779 P2d 198 (1989). We allow the motion, modify our former opinion and adhere to it as modified.2

In our original opinion, we reversed and remanded, holding that the trial court had erred in granting plaintiffs’ summary judgment motion on their ejectment claim but that “[attorney fees are not recoverable in an ejectment action” and that “[d]efendants were entitled to attorney fees under the contract when they prevailed on their counterclaim.” 98 Or…