Portland MacHinery Co. v. Sistig

The only issue concerns the trial court’s awarding plaintiff attorney fees and expenses which the court had granted as a condition to allowing defendant’s request for a postponement of trial.

Plaintiff filed this action against the defendant, a Seattle concern, for the purchase price of a piece of equipment which the plaintiff sold defendant. At the time set for trial, it developed that defendant’s principal defense was going to be a breach of warranty. Defendant had not pleaded such defense and therefore would not be permitted to make such defense. Defendant, through his attorney, a Seattle…