Hamer v. Mayeda

The issue in this case is whether defendants, who prevailed on a breach of warranty counterclaim, are prevailing plaintiffs under ORS 20.098(1), thereby entitling them to attorney and expert witness fees. The trial court ruled as a matter of law that defendants were not prevailing plaintiffs, relying on Marquam Investment Corp. v. Myers, 35 Or App 23, 581 P2d 545, rev den 284 Or 341 (1978). We reverse.

The facts are undisputed. Plaintiff sued defendant homeowners for breach of a contract under which he performed electrical work on defendants’ new home. Defendants denied owing plaintiff money…