Malot v. Hadley

Defendant Hadley appeals, claiming that the trial court erred in determining the amount of damages under defendants’ indemnity agreement counterclaim and that it made errors in the award of attorney fees and costs. We reverse.

After our remand in Malot v. Hadley, 86 Or App 687, 740 P2d 804, rev den 304 Or 280 (1987), the parties submitted this case to the trial court on stipulated facts. Those facts showed that the parties structured a real estate transaction in which plaintiffs sold a shopping center to defendants for $285,382.53. As payment, defendants gave plaintiffs a promissory note dated…