State Ex Rel. State Scholarship Commission v. Magar

This is an action on a promissory note which provided for reasonable attorney fees in the event of a default. The only issue is whether the Court of Appeals was correct in reversing the trial court for denying attorney fees to the plaintiff. 42 Or App 361, 600 P2d 505 (1979).

The complaint alleged that defendant had defaulted in payment of the note and that $700 was a reasonable attorney’s fee. It prayed for a judgment of $1,359 as the principal balance, with interest, and also for attorney fees in the sum of $700. The answer was a general denial, with affirmative defenses.

Prior to trial…