Lumbermen's v. Dakota Ventures

The issue on appeal in this breach of contract action is whether defendant was entitled to attorney fees pursuant to ORS 20.096. After plaintiff filed an ORCP 54 A(l) notice of voluntary dismissal, defendant asserted an entitlement to attorney fees and moved to amend his answer to plead the right to attorney fees. The trial court denied the request for attorney fees and defendant’s motion to amend. Defendant appeals, and we affirm.

Defendant, Paul Simmons, purchased building materials from plaintiff, Lumbermen’s, on credit. The credit agreement required defendant to reimburse plaintiff for…