Sylvester v. Abdalla

Defendant appeals a judgment for plaintiffs entered on an arbitrator’s award pursuant to ORS 36.300 et seq. Plaintiffs cross-appeal from the court’s failure to award them attorney fees after they successfully resisted defendant’s exception to the arbitrator’s award. We affirm on the appeal and reverse and remand on the cross-appeal.

On October 7, 1993, defendant submitted an offer, on a preprinted “Sale Agreement and Receipt for Earnest Money” form (agreement), to purchase plaintiffs’ home. Plaintiffs signed the agreement. It contained a mandatory arbitration clause1 and an “Attorney’s Fees in…