Sheppard v. Smith

In this lease dispute, plaintiffs petition for prevailing party attorney fees for the appeal. Defendants object to the petition. We overrule defendants’ objections and allow attorney fees.

In Sheppard v. Smith, 116 Or App 267, 840 P2d 1367 (1992), plaintiffs alleged that defendants breached a lease and sought ejectment and damages. Defendants denied those claims and counterclaimed for breach of the lease, for damages for breach of a right of first refusal to purchase real property and for intentional interference with contract. The jury found that defendants had not breached the lease, but in…