Pickinpaugh v. Morton

Plaintiffs brought this suit to rescind an agreement to purchase real property. On September 9,1971, plaintiffs agreed in writing to purchase from defendant an unfinished house and lot in the city of St. Helens, Oregon. The defendant agreed to complete construction of the house. The contract also provided:

“In any suit or action brought on this contract, the prevailing party shall be entitled to recover reasonable attorney’s fees to be fixed by the court.”

On September 22,1972, plaintiffs filed their complaint seeking rescission of the agreement, alleging fraud, breach of warranty, and breach…