Whistler v. Hyder

Defendant Munson 1 appeals from a declaratory judgment in favor of plaintiffs that set aside defendant’s declaration of forfeiture and reinstated the parties’ land sale contract. Plaintiffs cross-appeal, assigning error to the trial court’s finding that they were in default under the land sale contract and to the award of attorney fees and costs to defendant. We review de novo. ORS 19.125(3); see also U.S. Nat’l Bank v. Caldwell, 60 Or App 639, 641, 655 P2d 180 (1982), rev den 294 Or 536 (1983). Because we hold that the trial court erred in finding that plaintiffs were in default under the…