Edwards v. Wirtz

Petition for rehearing denied December 16, 1941

On Petition eor Rehearing

KELLY, C. J.

Upon consideration of appellant’s petition for rehearing, we find no support in the testimony for respondents’ allegation that $300 is a reasonable attorney’s fee to be allowed herein. This allegation is denied in appellant’s reply. “Upon this issue no evidence was offered by either party, and this being so, the statutory fee only will be allowed. ’ ’ Lassas v. McCarty, 47 Or. 474, 484, 84 P. 76. See cases there cited. Also Columbia River Door Co. v. Todd, [on petition for rehearing], 90 Or. 147, 154, 175 P.…