Martin Bros. Signs v. Vice

Plaintiff sign company appealed from a judgment in its favor in a breach of contract action, assigning error to the trial court’s failure to award liquidated damages. ORS 19.010. We affirmed. 117 Or App 84, 843 P2d 510 (1992). Plaintiff has now filed a motion for reconsideration. ORAP 9.15. We allow the motion, withdraw our opinion, reverse and remand.

In its appeal, plaintiff argued that the liquidated damages provided for in the contract should have been awarded. Although we found that the clause was a liquidated damages clause, we held that there was evidence from which the trial court…