Dess Properties, LLC v. Sheridan Truck & Heavy Equipment, LLC

This case is about the entitlement to prevailing party attorney fees arising from a dispute regarding whether a contract existed between the parties. ORS 20.083 provides:

“A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void or unenforceable.”

The trial court determined that no contract was formed between the parties and, therefore, that defendant was…