Legal Opinion

Hall v. Fox

Court of Appeals of Oregon

Decided March 20, 1991No. A8706-04118; CA A62903PublishedCited by 9 opinions

1Opinion of the CourtButtler, P. J.

Plaintiff brought this action for rescission of a land sale contract that provided for attorney fees to the prevailing party. She did not allege a right to attorney fees in her original complaint; however, defendant, in his answer asserted a counterclaim for attorney fees under the contract. In her reply, plaintiff sought to have the counterclaim dismissed, because an attorney fees provision is inapplicable in an action to rescind the underlying contract. Bodenhamer v. Patterson, 278 Or 367, 378, 563 P2d 1212 (1977).

On the second day of the trial to the court, plaintiff moved to amend her…

2Cases cited6 opinions

  1. Bodenhamer v. PattersonOregon Supreme Court · 1977
  2. Attaway, Inc. v. SafferCourt of Appeals of Oregon · 1989
  3. State Department of Human Resources v. StrasserCourt of Appeals of Oregon · 1987
  4. Benj. Franklin Federal Savings & Loan Ass'n v. PhillipsCourt of Appeals of Oregon · 1987
  5. Horn v. Lieuallen Land and Livestock Corp.Court of Appeals of Oregon · 1984

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Temple v. ZenonCourt of Appeals of Oregon · 1993
  2. Oregon Trail Electric Consumers Cooperative, Inc. v. Co-Gen Co.Court of Appeals of Oregon · 2000
  3. Crandon Capital Partners v. ShelkCourt of Appeals of Oregon · 2008
  4. Htaike v. SeinCourt of Appeals of Oregon · 2015
  5. Mobley v. MANHEIN SERVICES CORP.Court of Appeals of Oregon · 1995

4 more not listed; retrieve them via the Exa API.

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