Legal Opinion

A & E Security & Electronic Solutions, Inc. v. Fortalesa, Incorporation

Court of Appeals of Oregon

Decided November 7, 2012No. CV080042; A146047PublishedCited by 1 opinion

1Opinion of the CourtHadlock, J.

This case requires us to determine whether ORS 20.083 authorizes a court to award attorney fees to a party that successfully sues for rescission of a contract. That statute provides that, in a contract action in which a statute or the contract authorizes an attorney-fee award, the prevailing party is entitled to an award of attorney fees “even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void or unenforceable ***.” The trial court concluded that defendant, which prevailed on a counterclaim for rescission, was entitled to an award of…

2Cases cited6 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Bodenhamer v. PattersonOregon Supreme Court · 1977
  3. Golden West Insulation, Inc. v. Stardust Investment Corp.Court of Appeals of Oregon · 1980
  4. Care Medical Equipment, Inc. v. BaldwinOregon Supreme Court · 2000
  5. King v. NEVERSTILL ENTERPRISES, LLCCourt of Appeals of Oregon · 2011

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

3Cited by1 opinion

  1. Sherwood Park Business Center, LLC v. TaggartCourt of Appeals of Oregon · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API